June 6, 2023

Advance Parole for DACA Recipients Form i-131

Advance parole could allow a DACA Recipient to travel to their home country and return to the U.S. lawfully if eligible. There’re many factors that need to be taken into consideration on a case by case basis. For instance, there is a higher risk to leave the U.S. with a criminal record.

Qualifications?

You must demonstrate that the need for travel is for humanitarian, education or employment purposes. Additionally, you will need to submit proof at the same time the application is sent for USCIS to consider your request.

Humanitarian – Visit a sick relative
Education – Abroad programs
Employment – Conferences, training, or meetings for work

What happens if approved?

If approved, you will receive an approval notice that will allow you to travel within the dates that were assigned. It is important that you leave after the assigned date and come back before the approval expires. There is no estimated time that you must remain out of the U.S. You must take the original approval notice at the time of traveling in order to make entry back into the U.S along with your valid passport, DACA Card and COVID-19 vaccine card.

What happens after coming back to the U.S.?

Apart from visiting loved ones, coming into the U.S. with advance parole gives you a quasi legal entry. If eligible, this could be a pathway to obtaining a legal permanent residency card. For instance, if you are married to a United States Citizen, you may then be able to adjust your status to legal permanent resident inside the USA.

If you are interested in applying or would like more information Attorney Diana Bailey of Portland and Fresno has over 24 years of immigration law experience. Please call our office for a free telephone consultation at 866-521-6422.