DACA Recipients: Apply for Advance Parole Now to Secure Future Benefits

by | Nov 19, 2024

With the potential termination of DACA (Deferred Action for Childhood Arrivals) looming with the Trump Administration, it’s crucial for DACA recipients to take proactive steps to protect their future opportunities. One such step is applying for Advance Parole as soon as possible. This legal document could not only allow you to travel abroad but also provide you with future benefits that are essential if you intend to pursue permanent residency or other immigration benefits down the line.

USCIS recently updated its DACA FAQs, clarifying that DACA recipients can now apply for Advance Parole to travel for specific reasons, including consular appointments for employer-sponsored nonimmigrant visas. This update provides an important opportunity for DACA recipients to secure lawful entry into the U.S., which can offer several future advantages.

Why Apply for Advance Parole?

Advance Parole allows DACA recipients to travel abroad and re-enter the U.S. legally, which is a critical step for many individuals looking to apply for a green card or other immigration benefits in the future. A lawful entry under Advance Parole can provide crucial benefits during future immigration processes, ensuring smoother transitions as you move forward with your immigration journey.

New USCIS FAQ Update on Advance Parole (Q # 60)

The recent USCIS update on DACA clarifies the specific conditions under which DACA recipients can apply for Advance Parole. According to the updated FAQ, applicants must file Form I-131, Application for Travel Documents, and demonstrate the need for international travel based on one of the following purposes:

  • Humanitarian purposes (e.g., medical treatment, attending a family member’s funeral, or visiting an ill relative)
  • Educational purposes (e.g., semester abroad programs or academic research)
  • Employment purposes (e.g., overseas assignments, interviews, consular appointments for an employer-sponsored nonimmigrant visa, or client meetings)

One of the key updates is that DACA recipients may now use Advance Parole to attend consular appointments for employer-sponsored nonimmigrant visas. This is a crucial opportunity for those looking to pursue employment-based visas, as it provides a legal pathway for re-entry into the U.S.

Practical Tips for Applying for Emergency Advance Parole

If you are seeking Advance Parole for employment purposes, such as attending a consular appointment for a nonimmigrant visa, it’s important to act quickly. USCIS may approve emergency Advance Parole applications for DACA recipients, but they are typically granted for a short period—often only 30 days. However, you should request a 60-day period to ensure you have enough time to attend your consular appointment and manage any necessary follow-up procedures.

Steps to Take When Applying for Advance Parole

  1. Schedule Your Consular Appointment: Be sure to schedule your nonimmigrant visa interview as close as possible to your INFOPASS appointment. Aim for 7-10 days in advance.
  2. Prepare Documentation: When applying for emergency Advance Parole, bring a copy of the updated DACA FAQ, your nonimmigrant visa petition approval notice, and your visa interview appointment notice to your INFOPASS appointment.
  3. Request Sufficient Time: Ensure that the Advance Parole period you request allows for the necessary processing time, such as expedited waiver processing and nonimmigrant visa issuance.

Moving Forward

As we navigate the uncertainties surrounding DACA, taking action to apply for Advance Parole is one of the best ways to secure your future in the U.S. If you have any questions or need assistance with the process, our team is here to guide you every step of the way. Don’t wait—act now to protect your future.

Stay informed, stay proactive, and together we will continue to fight for what’s right: keeping families united and ensuring opportunities for a brighter future.

Feel free to reach out if you need more information or assistance in moving forward with your Advance Parole application.

Tondini Law, immigration attorney. Image of Silvina tondini

Silvina Tondini, Esq.
Silvina Tondini is a bilingual, skilled, international advocate and a national speaker on Immigration Law with years of diversified experience providing counsel and directing individuals and business clients on business and immigration law matters.

Attorney Silvina Tondini can be reached at (760) 579-2216 or by email at info@tondinilaw.com

Disclaimer: This blog is for informational purposes only. If you have any questions, please contact our office.