After four years of a presidential administration that instilled fear and concern among the hundreds of thousands of beneficiaries of Deferred Action for Childhood Arrivals, or DACA, President-Elect Joe Biden will reinstate DACA to allow young undocumented immigrants from being deported. Immigration reform measures the former vice-president plans on putting into place on day one includes reinstituting full DACA protections that will free recipients to travel outside the United States and an easing of restrictions on Advance Parole for DACA recipients.
Immigration is complicated, emotional, and significant changes are ahead in 2021. It is essential that you and your family understand your rights in this country. Eric Price is an accomplished immigration attorney with the knowledge, experience, and compassion to provide valuable support and legal representation for your immigration circumstances. To learn more about what the future holds for your immigration status, call J. Eric Price at 855-662-2772 or email at info@abogadoericprice.com now to schedule a free case evaluation.
What Is Advance Parole For DACA?
Can DACA recipients travel? DACA recipients who leave the U.S. are not likely to be allowed back in. However, if you are DACA-eligible and need to travel outside the country for personal or business reasons, you may apply for a temporary travel authorization referred to as Advance Parole. This allows you to leave and re-enter the U.S. without putting the immigration status DACA affords you in peril.
What Changed? Is advance parole still available for DACA recipients?
In July of this year, the Trump administration instructed the United States Citizenship and Immigration Services (USCIS) to reject all Advanced Parole applications from DACA recipients. This action served to eliminate or severely restrict travel outside the U.S. for DACA, putting business and personal interests at risk. Even those applications for Advance Parole that were filed before the change would be rejected.
Current Restrictions For Advance Parole
The July memorandum that stopped the process allowing immigrants to apply for a DACA permit to leave the country listed “exceptional circumstances” that could be used to grant permission to travel abroad, including:
- In support of national security or military interest of the United States
- In support of U.S. federal law enforcement interests
- Obtaining life-sustaining medical treatment not available in the United States; or
- To care for the immediate safety or wellbeing of an immediate relative, children in particular
Joe Biden’s Plan For DACA & Advance Parole
Biden plans on addressing immigration head-on and within the first few minutes after being sworn in as the 46th President of the United States. On his first day behind the Resolute Desk in the Oval Office, Biden will make moves to fully restore the DACA program that protects 640,000 undocumented immigrants brought to the U.S. as children.
Immigrants in the country with DACA status will once again be allowed to travel for legitimate academic or job-related purposes when DACA Advance Parole requirements are eased under the Biden administration. The travel ban on visitors from 13 predominantly Muslim and African countries will be rescinded as well.
How To Apply For Advance Parole
You may submit a request for Advance Parole with Form I-485 applying for lawful permanent residence (LPR) or separately with a copy of the I-485 confirmation notice. The following are the steps a DACA needs for permission to exit and return to the United States.
- Submit a completed application for Travel Document Form I-131
- Pay a filing fee payable to the Department of Homeland Security
- Two immigration-style photographs
- Copy of your I-485 confirmation notice, unless filing concurrently
- Copy of the picture page of your passport
- Detailed information about the dates and reasons you are traveling, including contact information
- Proof of approved Form I-797 notifying you of receipt of your application
How Much Does Advance Parole Cost?
You are responsible for paying a filing fee of $575 to apply for Advance Parole. This fee is non-refundable, even if your application is withdrawn for any reason. Payment options for Advance Parole fees include a credit/debit card, bank draft, money orders, or a personal, certified, or cashier’s check.
How Long Does It Take To Be Approved?
It can take up to four months to complete the process of getting approved for an Advance Parole. The USCIS does not typically approve requests for quicker responses for Advance Parole documents.
What To Do If Your Application Has Been Approved
DACA recipients approved for Advance Parole that allow them to travel outside the U.S. and return will need to ensure their timely return or risk being denied re-entry. It is also essential to have the original copy of the Form I-512L authorizing your travel with you throughout your trip.
Risks Of Advance Parole
Advance Parole provides the chance for DACA recipients to travel outside the United States to pursue education and career opportunities, but leaving the country still comes with risks. You still need to get back in, which is not 100% guaranteed, even with the proper paperwork.
It is crucial to keep in mind that even with an approved Advance Parole application, DACA recipients can still be denied re-entry into the country when they return from traveling. A Customs and Border Protection (CBP) officer has wide latitude to decide whether a traveler is deemed “inadmissible” for security or health reasons.
Contact Attorney Eric Price Today!
The best way to ensure your rights as a DACA recipient of other immigrants is to be represented by an experienced immigration attorney who will fight for you. Eric Price has represented and supported countless immigrants looking to get a taste of the American dream. If you or a loved one is struggling with an immigration issue, call the law office of attorney Eric Price at 855-662-2772 or email at info@abogadoericprice.com to schedule a free case evaluation and get started today.
