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ADVANCED PAROLE/DACA

What is Advanced Parole?

DACA's, Advanced Parole provides the opportunity to work or study abroad. Advanced Parole allows the person under deferred actions under certain circumstances to leave the United States and return. The deferred action recipient must be granted the ability to leave the U.S. prior to leaving. There is necessary paperwork which must be filed and filing does not mean that it will be approved.

 Other reasons why Advanced Parole is granted is to let the petitioner visit sick or elderly relatives. However, these petitions are far less likely to be granted than traveling abroad for work or study abroad.

Advanced Parole in essence is a vehicle similar to a  VISA but for DACA recipients. Advanced Parole grants permission to return to the United States without jeopardizing the DACA recipients status and their deferred action remains effective.

How do I apply for Advanced Parole?

To apply for Advance Parole, you will need to submit the following to U.S. Citizenship and Immigration Services (USCIS):

  • Form I-131, issued by USCIS (see below).
  • Copy of a photo identity document, such as a driver's license or passport identity page.
  • Proof that you have been approved for DACA (Form I-797).
  • Documents in support of your claimed basis for travel.
  • Two passport-style photos of you, taken within 30 days of filing your Advance Parole application.
  • Information about your intended dates of travel and the duration of your trip or trips (which you should provide in Part 4 of Form I-131), and
  • Application fee ($575 in early 2021, plus $85 for biometrics if you're between the age of 14 and 79; see the USCIS website for the latest).

 Form I-131 is used for a number of purposes, so be careful to focus only on the sections that apply to Advance Parole applicants. For help in determining what sorts of documents to provide as proof of your reason for travel, see the “General Requirements” portion of the USCIS instructions, on Page 8 at 1.c.(5). The more official the documents you provide, the better. For example, if you wish to travel because of a family member's death, you would want to provide a copy of the death certificate and/or funeral announcement, and proof that you are related to that person. (Do not send in originals; you will not get them back.) If a family member is seriously ill get documentation from their physicians. Just saying a relative is sick will not cut it.

National Immigration Attorneys can answer whether you should attempt to apply for Advance Parole, what are the risks of departure, and for help with preparing a convincing application that will get you to your destination.

How Long It Will Take USCIS to Process Your Advance Parole Request

Assuming you include all the correct materials, you can expect about 2 to 25 months, depending on which Service Center handles applications from your region. In a true emergency, you maybe able to arrange faster processing or an in-person appointment by calling the USCIS but remember it must be a true emergency and talk to an attorney before doing so. 

If Your Application for Advance Parole Is Granted

If USCIS approves you for Advance Parole, it will send you a document, known as Form I-512L, Authorization for Parole of an Alien into the United States. Take this document (the original, not a copy) with you when you leave the United States. Similar to your identification, you'll need to show it before getting on the plane, ship, bus, or train headed back to the U.S. and to the customs officer when you return. Look closely at the form, because it contains the last date you can use it to return. Make sure you don't stay outside the U.S. past that date or you will have another problem on your hands.

Contact us Today

These are difficult matters and you need an attorney that will work with you in a manner you feel comfortable with. If you want a team that will utilize technology and collaborate with you to achieve the best possible outcome for you or your loved ones while keeping costs reasonable, call us NOW.

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