In June 2012, the Obama Administration announced an immigration benefit foe those who were now present in the US without permission, but had been brought here as children: Deferred Action for Childhood Arrivals (“DACA”). Over the last year, we have seen many benefits of this program, including that many undocumented youth have come out of the shadows in order to work legally in the United States. This program has simultaneously raised questions about a permanent legal status solution for DACA recipients, aging-out of the DACA program, and the ability of DACA recipients to re-enter the US after travel abroad.
The Legal Action Center recently released a practice advisory providing guidance on advance parole (reentry after permission to travel abroad) eligibility for DACA recipients. The advisory outlines the process to apply for advance parole and thoroughly analyzes the risks and benefits of DACA recipients traveling on advance parole. Importantly, it also highlights the possibility of adjustment of status to that of a permanent resident as an immediate relative after the DACA recipient is paroled into the United States.
Click here to read the full advisory.