Advance Parole and 3/10 year bar discussion

"...a departure from the US pursuant to a grant of an advance parole travel document is not a “departure” for the purposes of triggering the “unlawful presence” bar to admission."

Not DACA related.. However it is about Advance Parole

http://www.asianjournal.com/immigrat...departure.html

Nothing has been said about those that came without being inspected at a point of entry (EWIs). Will this benefit them when they fly abroad and come back? What do you guys think?

More details on August 15th =)

We talked about this recently: http://dreamact.info/forum/showthread.php?t=28739

I know but USCIS just confirmed this (advance parole).. This will be an entire new process.

No, advance parole is an existing policy, as is deferred action -- DACA is what's new. We can simply make educated guesses, as you will find on that thread, until August 15th. Until then, as far as we know, we'd be subject to the current advance parole policies, benefits and restrictions alike.

"USCIS will only grant advance parole if you are traveling for humanitarian purposes, educational purposes, or employment purposes." This is information was released last Friday. I know advance parole isn't anything new that's not my point. Before last Friday's announcement advance parole for dreamers was only a speculation. What would be considered as "humanitarian purposes" I am curious... Just trying to have a new discussion.

As for your first question, that's actually interesting from a legal perspective, not because of what it does for EWIs but because of what it might do to overstays. Honestly, I don't think anyone knows. Advance parole isn't new, but advance parole for non-adjustment people, at least under Arrabally, is new because people with TPS rarely, if ever, left under Advance Parole because they knew they would probably be denied re-entry. I don't think we'll really know what's going to happen until people travel abroad, do something dumb, and get put in removal proceedings.

Why does USCIS agree to advance parole if they know it isn't 100%?
Advance parole is an immigration document issued by the United States. It is not a re-entry permit; it is only issued to aliens without permanent residency. Advance Parole is permission for certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. Advance parole must be approved before the applicant leaves the United States, or any residency application will in general be denied. Travel outside of the United States may have severe consequences for aliens who have been unlawfully present even if they have obtained advance parole.
I read somewhere that Advance parole is not a guarantee re-entry to the USA.
Recently, the USCIS agreed that those that qualify for deferred action will be able to travel abroad under certain circumstances.
If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?
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 you are traveling for humanitarian purposes, educational purposes, or employment purposes. You may not apply for advance parole unless and until USCIS defers action in your case pursuant to the consideration of 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.
Dreamers will have "legal" status for 2 years in the computers. Which one of these will the DREAMERS under deferred Action have?
an application for adjustment of status pending.
been admitted as a refugee or have been granted asylum.
been granted benefits under the Family Unity Program.
been granted Temporary Protected Status.
an asylum application pending.
an emergent personal or bona fide reason to travel temporarily abroad.
Note: If you are in unlawful status and/or are currently in removal proceedings, and ***you leave the United States without a grant of advance parole***, you will be deemed to have removed yourself and will be subject to any applicable grounds of inadmissibility if you seek to return.
Aren't all dreamers under unlawful status?
If a dreamer leaves the US with a grant of advance parole, is he/she safe?

A sick or dying relative