Parole After DACA
Author: New York Immigration lawyer Alena Shautsova
DACA or Deferred Action for Childhood Arrivals is a form of prosecutorial discretion that allows a person who came to the US before reaching the age of 16, and who is otherwise eligible, to receive an employment authorization in the United States and be temporary protected from removal/deportation.
One of the most important benefits of DACA is a possibility of receiving permission to travel outside of the US and be paroled back into the US. The parole cures illegal entry bar to adjustment of status and hence, those DACA beneficiaries who have a US citizen immediate relative (a spouse, for example) are able to receive green cards in the US without a waiver, provided they were paroled into the US. This parole requires international travel, and is different from Parole in Place program offered to relatives of the US military members. PIP (Parole in Place) does not require an international travel.
To receive permission for international travel, a DACA beneficiary has to file form I 131 and pay an applicable fee. The most important part here, however, is that not any reason for travel is sufficient for USCIS to grant the request. For example, if a person simply would like to go on vacation overseas, this would not qualify as a valid reason. An example of valid reasons would be: to visit a relative in a foreign country; to receive medical treatment; to attend a funeral; other urgent and emergent situations
It is desirable that an applicant confirms the reason with valid documents and an affidavit explaining the need for travel.
It is also possible to expedite request for the advance parole. USCIS has its own criteria for emergent travel. It is advisable that a person who is seeking to receive an advance parole consults with a legal professional prior to submitting his/her application to avoid delays and denials.
You may submit questions regarding parole through a.shautsova@gmail.com or by calling our office at 917-885-2261.