New Advance Parole Info - Page 4

We can't get a visa if we have unlawful presence. Advance parole is what we would use to travel.

It's really unclear whether you could, at least in theory, get a visa while abroad under Advance Parole and then use that visa to reenter. As for transportation carriers, they allow AP in lieu of a visa, though they can't accept it in lieu of a passport (which is still required for entry unless you get that waived somehow).

I wrote them this!

When I think about it if the individual has AP and makes an application for a valid Non-immigrant visa it just might be possible provided the individual gets an I-192 approved.

Yeah, I can see that. That already happens, though, with H-1B's. I'd rather people not have to say they're inadmissible in the first place.

I'm just gonna wait till USCIS gives actual guidelines. I just noticed this is something written by a lawyer, and honestly with something like DACA any guess is as good as the next.

Hello folks-

I wanted to chime in with a few clarifications:

First, Entering Without Inspection is NOT a ground of inadmissibility. While it is true that a person that EWId cannot adjust status that is not because they are inadmissible, but rather they do not qualify for the exception to the basic rule of having to go abroad to apply for a visa. Let me givee you an example. Lets say a person Enters Without Inspection, then leaves three months later, they would have no problem getting an immigrant visa (unless they have some other ground of inadmissibility).

More than 180 days of Unlawful Presence followed by a DEPARTURE does trigger a BAR. That BAR is a ground of inadmissibility. The EWI is not. If the BAR is only for unlawful presence, then the new instructions are stating that the Advance Parole will be enough to enter again.

As for whether the airlines would "understand" what advance parole is, I can assure you that the airline personnel are all fully aware of what Advance Parole is and they undergo regular training with the DOS personnel in their country. Advance Parole is not new, this is simply an expansion of eligibility. I do agree that one should get a passport before leaving the country, though.

To those who are saying that they recommend that you wait before traveling, let us be very clear: You MUST wait before traveling. You cannot travel until after your Advance Parole is approved, and at this moment it still is not available for those holding DACA. The current I-131 states that it is not available to DACA holders. By definition, to get DACA one must not have been in some other status. Before any DACA holder can hope to leave the U.S. and return, they need to wait until the final rule is published, the new I-131 is released, and then apply and wait for approval.

I certainly recommend that anyone planning to apply for AP consult an attorney. However I feel that there are many on this site that are hostile towards attorneys. Since there are attorneys, including myself, that offer free consultations, I find it hard to understand why one would choose not to at least ask some questions before proceeding, but I wish all of you the best. There are some people that I have talked to that clearly understood everything and were detail oriented and had easy cases. I told them that they would be fine doing the case on their own. I have talked to other people that felt that they knew everything, but were making basic mistakes. But I can only help people that want to help themselves.

I will be following this and all other DACA related news and posting whatever I find on my Facebook Page. In addition to the Press, and my own 150 plus DACA cases, I am also watching the AILA listserv for experiences of other attorneys for results of cases like borerline cases, misrepresentation cases, flase claim cases, etc.

Great insight. Thank you!!

Present Without Admission or Parole [INA § 212(a)(6)(A)(i)]: Individuals present in the U.S. without being admitted or paroled are inadmissible. This ground of inadmissibility will be applied to anyone found within the U.S. who has entered the U.S. without inspection ("EWI").

While it is true that EWI inadmissibility does not apply in case when someone leaves US, however for those currently in US (and note that leaving on AP does not constitute departure) it might definitely be a problem. Especially that one would apply for AP while still in US, meaning still inadmissible under INA § 212(a)(6)(A)(i).

So basically overstayers can take advantage of DACA AP