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DAP Forums > DREAM Act > The Lounge

Another thread on Advance Parole - Page 3

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#21
04-11-2013, 10:48 AM
Senior Member
From oakland/sf
Joined in Jul 2009
411 posts
melpw
70 AP
For DACA folks who want to travel abroad..
Have there been any Advance Parole approvals for DACA beneficiaries who wish to travel abroad?

There have been a few approvals for Advance Parole documents for individuals with Deferred Action. The cases we know of have been for school-related activities (i.e. sports team traveling, studying abroad, etc.)

*Note that the dates on the Advance Parole document are VERY restrictive (i.e. if you ask for 4 days for a sports trip, you will get 4 days. If the returning flight is canceled or delayed to the next day, the individual will be at risk of not being able to return).

Also, all the approvals we've seen have been for a single entry. If someone has various trips that require multiple entries (e.g. 4 soccer trips this year), it might be worth trying to apply for all in one request.

While the Advance Parole notice states that leaving the U.S. on Advance Parole with DACA is not a departure for 3/10 year bar purposes, we suggest that individuals consult with an attorney before leaving the U.S.

We recommend that anyone thinking of applying for Advance Parole should do so, and then consult an attorney when it is approved and in hand. Processing times, and the changing landscape of DACA, and the various other complexities, grounds of inadmissibility, possible need to close out deportation proceedings, etc. should be evaluated.

Lastly, if some form of Immigration Reform passes while the individual is abroad, it is possible they would not be eligible for legalization.
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#22
04-16-2013, 11:26 PM
Junior Member
From Midwest
Joined in Apr 2013
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mbello
0 AP
I don't know what to think. Just saw my lawyer a week ago and she is advising to go ahead with the advance parole to adjust status. All this is based in the Matter of Arrabally and Yerrabelly. I have submitted the I-130, my husband is a USC and will try to get the advance parole and see what happens.
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#23
04-17-2013, 12:38 AM
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From Hawaii
Joined in Apr 2013
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YouMaySayImADreamer's Avatar
YouMaySayImADreamer
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Quote:
Originally Posted by mbello View Post
I don't know what to think. Just saw my lawyer a week ago and she is advising to go ahead with the advance parole to adjust status. All this is based in the Matter of Arrabally and Yerrabelly. I have submitted the I-130, my husband is a USC and will try to get the advance parole and see what happens.
I think we will be fine. It's reassuring to hear more and more immigration lawyers saying we can travel!
I'm waiting on my grandpa's doctor's note to arrive from Brazil so I can send that with my application. Will you please keep me posted on your progress? The more of us that talk about it and document every step of the way, the less DREAMers will have to go through the same doubts and uncertainties in the future.
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#24
04-17-2013, 01:41 AM
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mbello
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Definitively, I'll probably wait until my petition for alien relative gets approved before I travel out of the country but I'll keep you posted.
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#25
05-17-2013, 08:30 PM
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From Hawaii
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Ok guys, just a quick update:

I finally mailed my application in today. I asked them to expedite because I need to go before school starts in August.

Along with the form and letter I included the following evidence summary on top of all the supporting documents (all labeled with tabs with the corresponding letters to make it easy for the officer reviewing my app)


Quote:
EVIDENCE SUMMARY

EXHIBIT A: Demonstration of humanitarian need to travel - Medical Certification (translation and original document)

EXHIBIT B: Proof of Kinship - Grandparents Marriage Certificate (translation and copy of original document)

EXHIBIT C: Proof of Kinship - Birth Certificate (translation and copy of original document)

EXHIBIT D: Proof of DACA approval - Copy of I797 Approval Letter

EXHIBIT E: Proof of DACA approval - Copy of EAD card

EXHIBIT F: Proof of Identity - Copy of Hawaii Driver's License
The evidence summary was suggested by an attorney when I was mailing my DACA paperwork and if it didn't help at least it didn't hurt because the entire process took me only 2 months to complete. I think it helps to explain what is what and to keep things as organized as possible.
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#26
06-05-2013, 02:09 PM
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jayz10
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any updates?
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#27
06-22-2013, 06:07 AM
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From Hawaii
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YouMaySayImADreamer
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I was approved They gave me 4 weeks even though I only asked for 2 and the entire process took only about a month (they received my app May 20 and I received AP June 1, though I asked for them to expedite. I am planning on going to Brazil in August so I will let you guys know how the process getting back into the country is once I go through it.


Good luck and let me know if you have any more questions
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#28
06-23-2013, 02:32 AM
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Joined in Jan 2009
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EsoJ17
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Quote:
Originally Posted by YouMaySayImADreamer View Post
Ok guys, just a quick update:

I finally mailed my application in today. I asked them to expedite because I need to go before school starts in August.

Along with the form and letter I included the following evidence summary on top of all the supporting documents (all labeled with tabs with the corresponding letters to make it easy for the officer reviewing my app)




The evidence summary was suggested by an attorney when I was mailing my DACA paperwork and if it didn't help at least it didn't hurt because the entire process took me only 2 months to complete. I think it helps to explain what is what and to keep things as organized as possible.
Good idea! I did something similar when I applied for DACA and like you say it does not hurt to do the same for Advanced Parole. I will be sending my application and evidence this Monday.

And congratulations on your AP approval!
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Application Received 09/25/2012 (Routed to California Service Center) | I-797C Received 10/03/2012 | Biometrics Letter Received 10/09/12 (for 10/30/12 appointment) | Biometric Walkin 10/10/12 |
EDA Approved: 10/26/12
Advance Parole (Educational Purpose) | I-131 Received: June 27, 2013 | Approved: ??
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#29
06-23-2013, 04:37 AM
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Happyman0607
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Quote:
Originally Posted by YouMaySayImADreamer View Post
I was approved They gave me 4 weeks even though I only asked for 2 and the entire process took only about a month (they received my app May 20 and I received AP June 1, though I asked for them to expedite. I am planning on going to Brazil in August so I will let you guys know how the process getting back into the country is once I go through it.


Good luck and let me know if you have any more questions
Wow! Fast approval!! Keep us updated, good luck to you and cherish those moments with your grandfather, I lost mine 2 years ago around this time, couldn't attend his funeral for obvious reasons.
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#30
06-26-2013, 04:20 AM
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From Hawaii
Joined in Apr 2013
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YouMaySayImADreamer
0 AP
Thanks guys! I will definitely keep you posted.
I wasn't going to share this publicly but here's my supporting letter. The reason I decided to share is I requested specific dates for a reason that some might think is not that important and the fact that they granted me more time than I requested is a testimony to the fact that they are being very lenient on us. I see so many people saying that they will not grant us humanitarian AP for anything short of a relative on their deathbed and that is simply not true. The doctor's note states that my grandfather has serious renal and cardiac conditions due to his advanced age and that's it.

Here's my letter:

Quote:
Dear Sir/Madam,

I am writing to you to request a grant of Advance Parole in order to visit my ailing grandfather in my hometown of --- in the state of ---, Brazil. As demonstrated in the enclosed documents, I have been granted DACA status as of November 2012.

In the 12 years that I have lived in America I have not seen any of my relatives (other than my parents and siblings) and recently lost both paternal grandparents without having a chance to say goodbye. It's been difficult to deal with such loss but that is only part of the sacrifices I have had to make in order to continue to live in this great nation.

However, now my maternal grandfather who helped raise me during the first 15 years of my life is very ill due to his advanced age and two cancer treatments and his physicians do not expect that he will live much longer. On August 15, 2013 he will celebrate 60 years of marriage to my grandmother, a special date that he might not be able to celebrate again. I kindly ask you to grant me Advance Parole for the dates of August 7 through 22 so that I can help set up and attend a church service and celebration and grant his wish of having his entire family reunited one last time. I will be forever grateful for the opportunity to hug the best man I have ever known just one more time.

Thank you for your time.
I know it was risky requesting that date and honestly, I was scared they would deny me on the basis that it did not seem that urgent but that date is a big deal to my grandparents and I really wanted to be a part of it. Everything I said on the letter was 100% true. I hope they don't give me any trouble getting back in.
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