DREAM Act Portal Forum - Another thread on Advance Parole

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Re: Another thread on Advance Parole

Take in mind its not him who will see the AP and its not up to this person but the agents who look at it directly. Its their disclosure to let you in or deny you.

Re: Another thread on Advance Parole

Thank you!

Quote:

Originally Posted by Pianoswithoutfaith (Post 456290)

Take in mind its not him who will see the AP and its not up to this person but the agents who look at it directly. Its their disclosure to let you in or deny you.

That's the thing, according to USCIS that is no longer the case. They claim that if I can show CBP proof of my reason for traveling, they would HAVE to let me in. I'm a bit skeptical myself but praying they are right!

Re: Another thread on Advance Parole

Again, that what USCIS told you and again, CBP agents can just play out, "oh well gosh.. we didn't know....lets call MaySayIamADreamer and tell her to come back!"

Re: Another thread on Advance Parole

I applied for AP and got it, but never was able to use it. I honestly thing you will be fine. The is a new version of the AP instructions that makes provisions for DACA. Furthermore, the DACA page on USCIS itself states that DACA beneficiaries CAN travel outside the country but they must first obtain and AP document. Go for it!

Re: Another thread on Advance Parole

Quote:

Originally Posted by YouMaySayImADreamer (Post 456365)

Thank you!

That's the thing, according to USCIS that is no longer the case. They claim that if I can show CBP proof of my reason for traveling, they would HAVE to let me in. I'm a bit skeptical myself but praying they are right!

Please keep us updated! I am from Brazil too and I am in a situation very similar to yours.
Good Luck!!!!

Re: Another thread on Advance Parole

I was against people using Advance Parole in the past because USCIS never mentioned anything about it for us DACA applicants, but now that USCIS stated that DACA approved can travel with AP as long as the only reason for inadmissibility be Unlawful Presence, I don't see a problem with it.

With that being said, USCIS isn't going to be checking your papers, CBP will be. I'm sure they're well aware of Advance Parole though seeing as how TPS approved have been using it.

Quote:

New - Q3: If my case is deferred pursuant to the consideration of the deferred action for childhood arrivals process, will I be able to travel outside of the United States?
A3: Not automatically. If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if your travel abroad will be in furtherance of:

humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;
educational purposes, such as semester-abroad programs and academic research, or;
employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.
Travel for vacation is not a valid basis for advance parole.

You may not apply for advance parole unless and until USCIS defers action in your case pursuant to the consideration of the deferred action for childhood arrivals process. You cannot apply for advance parole at the same time as you submit your request for consideration of deferred action for childhood arrivals. All advance parole requests will be considered on a case-by-case basis.

If USCIS has deferred action in your case under the deferred action for childhood arrivals process after you have been ordered deported or removed, you may still request advance parole if you meet the guidelines for advance parole described above. However, once you have received advance parole, and before you actually leave the United States, you should seek to reopen your case before the Executive Office for Immigration Review (EOIR) and obtain administrative closure or termination of your removal proceeding.

Even after you have asked EOIR to reopen your case, you should not leave the United States until after EOIR has granted your request. If you depart after being ordered deported or removed, and your removal proceeding has not been reopened and administratively closed or terminated, your departure may result in your being considered deported or removed, with potentially serious future immigration consequences. If you have any questions about this process, you may contact the ICE Office of the Public Advocate through the Office’s telephone hotline at 1-888-351-4024 (staffed 9 a.m. to 5 p.m., Monday through Friday) or by email at [email protected].

Notice that it only states that you may be deported if you have been ordered deported or removed in the past and it was never dismissed. It doesn't state any problems with having Unlawful Presence.

Re: Another thread on Advance Parole

What grounds for AP did you say? what can you say to get approved? I know Humanitarian counts, but what is that? Health issues? family problem? etc

Re: Another thread on Advance Parole

Quote:

Originally Posted by Dream4Life (Post 456933)

What grounds for AP did you say? what can you say to get approved? I know Humanitarian counts, but what is that? Health issues? family problem? etc

In our case, what they consider to be humanitarian is if you have to leave country to seek medical treatment for yourself, are attending the funeral of a family member or are going to visit an ailing relative. Just make sure you don't make anything up, or try to fraud your way into it because you have to show evidence not when you leave the States but when you come back (which is what's scary because what if CBP determines my reason for traveling wasn't good enough?) :shock:

Quote:

Originally Posted by JJ Glo (Post 456692)

Do you know of many cases of people with TPS who travelled without triggering the bar after Arrabelly? The more I think about it the more I think it'll be fine. Of course that is not going to stop me from worrying about it the entire time I'm out of this country (that's IF I'm even granted AP and decide to go through with it)

Quote:

Originally Posted by amoney3 (Post 456382)

Do you mind telling us what reasons you provided on your request and how long it took for them to approve you? Did you decide not to use it because you were afraid to risk it?

Quote:

Originally Posted by Girl09 (Post 456686)

Please keep us updated! I am from Brazil too and I am in a situation very similar to yours.
Good Luck!!!!

I will be sure to document every step of the way and post about it here. Boa sorte para voce tambem :)

Re: Another thread on Advance Parole

I didn't do it because the timetable was close, and I did not want to signup for study abroad before receiving the document. I received the document the week I would have traveled, but the study abroad app was due several weeks prior.

I cited reasons to study and immerse myself in a foreign nation's culture to make myself more rounded, blah blah blah. I also sent in the pamphlet from the program, my transcript, acceptance letter from the program, etc.