New Advance Parole Info
 

New information regarding Advance Parole for DACA holders!!
The proposed rule has been published in a part of the process to pass the new guidelines which will allow those with DACA to apply for Advance Parole. Currently the I-131 form is not yet being accepted for DACA applicants.

Q: When will advance parole be available?
A: The rulemaking procedure allows for people to submit comments until December 31st. After that a final rule will be submitted. My personal guess is that it will be at least six months. BUT they have done amazing things with the DaaCA program so far, so as in all things related to immigration I will prepare for the worst and hope for the best.

Q:Who can get Advanced Parole?
A: If you have DACA, and you are traveling outside the United States
for:
(a) Educational purposes, such as semester
abroad programs and academic research;
(b) Employment purposes, such as overseas
assignments, interviews, conferences,
training, meetings with clients; or
(c) Humanitarian purposes, including travel
to obtain medical treatment, attend funeral
services for a family member, or visit an
ailing relative.

Travel for vacation is not a valid purpose. Not everyone with DACA will qualify for Advance Parole

Q: Is there a chance that even if I get Advance Parole that they may not let me back in?
A: GOOD NEWS! In the proposed instructions they clearly outline that those with Advance Parole will be able to leave without being triggering the 3/10 year bar *IF* their only inadmissibility is unlawful presence. That means that MANY holders of DACA can leave and return if they are granted Advance Parole. Of course, you need to be certain that you are not inadmissible for any other reason before you depart.

For any kind of Advance Parole provided to
you while you are in the United States:
(1) Leaving the United States with an
Advance Parole Document is a “departure”
from the United States for all purposes under
the U.S. immigration laws except that it is
not a “departure” solely for purposes of
inadmissibility under INA section
212(a)(9)(B) (inadmissibility due to prior
unlawful presence), if you are paroled into
the United States on the basis of such
document. Any other departures without first
obtaining Advance Parole may subject you to
the inadmissibility provisions of INA
212(a)(9)(B).

These Q&A are provided by https://www.facebook.com/katychavezdreamers

The information here was gathered courtesy of http://www.lawlogix.com/case-managem...t-part-1-of-2/ the BLOG of atty Ann Cun, and the links to the Federal Register provided there.

Re: New Advance Parole Info
 

Sounds like good news! I can't wait for something to be announced officially.

Re: New Advance Parole Info
 

Good post,seems like good info.I think individuals should obviously wait until after the regulations are published before any form of travel so there are no issues and we have clear and concise information.

AP will definitely be benefitting EWIs here.

Re: New Advance Parole Info
 

Well, this is certainly interesting.

Re: New Advance Parole Info
 

inadmissibility is unlawful presence.

So, our only crime is being here illegal for more than 1 year?

This sounds a bit too good to be true

Re: New Advance Parole Info
 

Well,I think we still need more clarification concerning those with Final and Removal orders but if you simply overstayed or entered without inspection it seems the process is being very lenient concerning travel overseas based on the specific conditions needed.

Re: New Advance Parole Info
 

Sounds like if you are or were in removal proceedings, you would trigger the ban.

Re: New Advance Parole Info
 

Good info, I just hope that before they start this whole AP process they have approved us August/September applicants first.

Re: New Advance Parole Info
 

Yeah that can mean anything

I better do my own background checks and whatnot

Re: New Advance Parole Info
 

wow.. this is bound to be one of the longest threads yet. thanks for the info :)