Hi Everyone,
I am back from Italy through Advance Parole. Here is how my case happened and hope it can shed some light for those of you who have a need for it. It's a little long, but worth the read...according to my lawyer, I am the FIRST person to receive AP through DACA in NY.... this is my story:
APPLYING:
My employer decided to send me to Italy for training during the week of July 7th-July 14th. I applied for Advance Parole on June 6th and they received my application on June 7th. It was quite a big risk, because I had ONE MONTH to get an approval. Within my application was a letter requesting for my case to be expedited (it is up to their discretion to expedite or not.) DOUBLE CHECK ALL YOUR DOCUMENTS- because what happened to me was just incredible, but extraordinary. I was so rushed to overnight my application, that I failed to submit the two passport photos with it. I realized this an hour after and immediately sent another envelope overnight containing the photos. (they never received.)
Upon receiving my receipt #, I called the 1-800 number and spoke to a level 2 agent who took my request for an expedite in the form of a service request. He asked for a reason, which I explained FINANCIAL LOSS to myself and my employer if I did not receive this training. The request was denied the next day via e-mail because I had "failed to submit a reason for the expedite" ...knowing that I HAD submitted a reason and this was an error on the part of the Officer, I called back and another LEVEL 2 officer told me she would re-submit my request. She also gave me the fax number to the Texas Service Center and recommended that I fax a letter requesting the expedite directly to the Supervisor of the I-131 unit. I did.
A week before I had to fly out, I decided to contact the office of Kirsten Gillibrand (NY Senator) who had also helped me out with my DACA application. I explained the situation and my need to the woman who was the Immigration Supervisor and after submitting some paper work and release forms (customary) she quickly contacted USCIS on my behalf. Within hours, an Officer from the TSC calls me and tells me that they received my fax and that my "application was ready for approval, but that I had failed to submit the two passport photos." After I explained that mix-up with the photos, she had me overnight a 2nd set of photos to the service center directly attention to a particular officer. I did it.
It was now Tuesday... and I had to leave on Sunday. I did not hear back from the officer who had called me and requested photos, but the tracking number showed it was received and signed for. Through the whole time the office of the Senator helped me a lot. This woman calls me on July 3rd and tells me the following: "They lost both sets of your pictures. It's July 3rd and everyone is out tomorrow. If you can overnight another set of photos to this specific person in the Congressional Unit, they are aware it's coming and can get out to you Friday... ONLY IF you include a pre-paid envelope for Overnight SATURDAY Delivery."
Needless to say I did it in a heartbeat. It was my only chance. It was now my 3rd set of photos and LOTS of money on overnight fees.
I don't know how this woman did what she did, BUT my pictures were received at 8AM in Texas at the Congressional Unit. They produced the document AND personally drove my envelope to a nearby FedEx office location and my AP was in the mail. I received the document on Saturday....and I left for Italy the NEXT DAY on Sunday.
AT THE AIRPORT:
I have to admit that the process is pretty painless, but the guy who checked me in was not familiar with Advance Parole. He had some trouble figuring out what the procedure was, but when the supervisor was called over...she quickly told him the functions and I was on my way. At first I did worry, thinking that they might not let me on because they are not used to seeing this type of document. DACA specific or otherwise...
IN ITALY:
Customs was a BREEZE! I walked up to the officer, he was on his phone and didn't even look up at me. He stamped my passport and I was free to pick up my luggage and go about my way. Not sure if it was a fluke or not, but they did not seemed to be paying attention..
AT THE AIRPORT IN ITALY:
The agent was also un familiar with the document I was presenting. He asked me questions like, if I lived in Mexico and why did I not have an entry stamp from the US if I was returning. I explained to him that I was a special case called "deferred action" and that I was given permission by the USA to return. He also asked me if I was waiting for a green card... which I said no, that I had a special case because I did not have a status before... I finally had to show him my EAD and my NY State ID which he took to a supervisor. He quickly came back and let me go through. This made nervous, but in hindsight - i just realize that most agents are not used to this document. The supervisors are more well informed.
CUSTOMS IN THE USA:
I went through the VISITOR line and gave the agent my passport, my letters of AP, and my declaration forms. He finger printed me and took a picture (normal procedure) and walked me to Secondary Inspection. I waited about 20 minutes. There I saw officers take my documents and check them on their computer. They asked me to fill out an I-94. After about 5 minutes, they stamped my passport and said I could go. I thought I would get questioned as to why I had left the country, and why I needed to come back... but nothing. These officers were far more familiar with AP.
So there you have it! I recommend that everyone who has an urgent and LEGITIMATE need to travel apply. Here are some recommendations that I learned based on my own personal experience:
1. Apply with enough time. They say 3 months at least ( I was freak case and was aided tremendously)
2. DOUBLE CHECK ALL YOUR DOCUMENTS (don't let two passport photos cause you harm)
3. Some people seem to disagree, but I stayed on top of them. I would take down names and agent numbers in case someone asked.
4. Ask what you want within 2-3 sentences especially when writing to them. Rambling on and on only irritates them
5. If need be, contact your congress person or senators. They are very influential.
6. Don't be RUDE or DEMANDING. Be understanding that these people are BUSY!
7. BE THANKFUL when someone goes above and beyond for you (plenty of people did for me!)
8. I've been told by my lawyer that I have now fixed my EWI and if I marry a US Citizen, I can "easily get a green card."
Some of you have also asked what the document says as it is new for DACA, so here is what mine said:
"TRAVEL AUTHORIZATION: Presentation of the original of this document authorizes a transportation line to accept the named bearer onboard for travel to the United States without liability under section 273 of the Immigration and Nationality Act (INA) for bringing an alien who does not have a visa.
PAROLE: The named bearer of this authorization is an individual whose removal was been deferred under the Secretary of Homeland Security's June 15, 2012, memorandum authorizing Deferred Action for Childhood Arrivals (DACA). The named bearer departed the United States temporarily and intends to return to the United States. Presentation of the original of this document prior to [ date, they gave me two weeks ] allows a Customs and Border Protection (CBP) Inspector at a port-of-entry to parole the named bearer, whose photograph appears on this authorization, into the Unites States based on the parole authority contained in INA 212(d)(5)(A).
This authorization is valid for one request for parole during the validity period noted above. Each parole period shall not exceed one day from the date of parole at the port-of-entry.
Please note:this document does not guarantee that a person will be paroled into the United States. CBP has discretion to deny a request for parole. "
The rest of the document states the information that is already available online about the "NOTICE- READ BEFORE YOU TRAVEL ABROAD" that goes into detail how CBP still can revoke this and it does not guarantee entry. [it's long so I won't transpose it here]
If anyone has any questions, please let me know either here or via PM. I hope this proved helpful to those of you who needed it.
GOOD LUCK TO ALL OF YOU!!!