LIFE AFTER DACA: ADVANCE PAROLE FOR DACA RECIPIENTS

2 COMMITTEE FOR IMMIGRATION REFORM IMPLEMENTATION (CIRI)

DACA and Benefits Work permit for 2 years Social Security number May apply for driver’s license May travel abroad using advance parole 9/30/2016 3

What is Advance Parole? Permission to enter the U.S. for a purpose U.S. Citizenship and Immigration Services (USCIS) has power to grant advance parole 9/30/2016 4

Advance Parole Authorization Document 9/30/2016 5

Advance Parole Authorization Document 9/30/2016 6

Advance Parole Authorization Document 9/30/2016 7

Advance Parole Authorization Document 9/30/2016 8

Who is eligible to apply? Step 1: Apply for DACA Step 2: Receive DACA approval Step 3: Apply for advance parole 9/30/2016 9

Purpose of Traveling Abroad Humanitarian purpose Educational purpose Employment purpose 9/30/

Humanitarian Purpose Travel to obtain medical treatment Attend a family member’s funeral Visit a sick relative 9/30/

Educational Purpose Semester abroad program Academic research 9/30/

Employment Purpose Overseas assignment Interviews Conferences Training Meeting with client overseas 9/30/

Vacation Vacation is not a valid basis for advance parole 9/30/

Issues to Consider: Order of removal, deportation or exclusion Investigate the applicant’s immigration history Freedom of Information Act Request (FOIA) EOIR Immigration Court Immigration Line: /30/

Issues to Consider: Order of removal, deportation or exclusion Motion to reopen the immigration case before traveling abroad Administrative closure: Case is placed on “bookshelf” Termination: Case is concluded 9/30/

Issues to Consider: Grounds of Inadmissibility Reasons DHS denies people entry into the U.S. Health Crimes Fraud and False Claim to Citizenship National Security Others 9/30/

Issues to Consider: Consult with an Immigration Attorney or Board of Immigration Appeals (BIA) accredited representative who can assess the case before applying for advance parole. 9/30/

Issues to Consider: Ground of Inadmissibility: Unlawful presence bars Unlawful presence = Being in the U.S. without permission Three Year Bar Ten Year Bar Permanent Bar Prior entries and exists (High Risk) Prior removal or voluntary departure orders (High Risk, Don’t Travel) 9/30/

Issues to Consider: Travel and unlawful presence bars Directive to Provide Consistency Regarding Advance Parole, November 20, /30/

How to Apply for Advance Parole? Application Packet Application for Travel Document (Form I- 131) Copy of DACA approval notice Filing Fee = $360 Supporting Evidence of Purpose of Travel 9/30/

Application for Travel Document Form I-131 9/30/

Application for Travel Document Form I-131 9/30/

Application for Travel Document Form I-131: 9/30/

Evidence of Purpose of Travel: Humanitarian Letter from medical professional Letter from hospital Death Certificate 9/30/

Educational : Letter from educational institution Document showing enrollment in classes 9/30/

Employment : Letter from employer. Document showing employment need, such as conference or training program 9/30/

Travel Tips – Carry Original Documents: Valid passport from your country of origin I-512, Authorization for Parole of an Alien in the United States Evidence of reason for trip abroad Employment authorization card Copy of your DACA approval notice State I.D. or driver’s license 9/30/

Travel Tips – Possible CBP Questions: What was the reason for your trip abroad? For how long were you gone? What countries did you visit and where did you stay? Where do you reside in the U.S.? State I.D. or driver’s license 9/30/

Travel Issues: Left without advance parole USCIS will deny DACA renewal CBP will not allow re-entry Left before advance parole began USCIS will deny DACA renewal CBP may not allow re-entry Left after advance parole ended USCIS will deny DACA renewal CBP may not allow re-entry 9/30/

Travel Issues: Attempted to re-enter without advance parole USCIS will deny DACA renewal CBP will not allow re-entry Attempted to re-enter after advance parole ended USCIS will deny DACA renewal CBP may not allow re-entry 9/30/

Post Travel and DACA Renewal: Some issues with DACA renewals Requests for Evidence (RFEs) Notices of Intent to Deny (NOIDs) Denials 9/30/

Post Travel and DACA Renewal: How to respond: Respond to RFEs and NOID immediately Include evidence related to travel 9/30/

Post Travel and DACA Renewal: Tips for DACA renewal after travel Apply to Renew DACA Early Maintain Copies of Advance Parole Notice and Supporting Documentation Explain Advance Parole in Travel Cover Letter 9/30/

Post-travel impact on other immigration benefits: DACA recipients pursuing lawful permanent residence through certain family-based immigrant visa petitions Lawful permanent residence = permission to live and work in the U.S. for an indefinite period of time 9/30/

Post-travel impact on other immigration benefits: Adjustment of Status Consular Processing 9/30/

Post-travel impact on other immigration benefits: DACA recipients who are married to a U.S. Citizen DACA recipients who are under 21 and child of a U.S. Citizen 9/30/

Conclusion: Consult with a trained attorney or BIA accredited representative before applying for advance parole 9/30/

Resources: USCIS DACA FAQ Own the Dream Campaigning and DACA resources: Practice Advisory: The Legal Action Center and Catholic Legal Immigration Network Practice Advisory Deferred Action for Childhood Arrivals by American Immigration Council, National Immigration Project of the National Lawyers Guild, and the American Immigration Lawyers Association; and DACA Recipients Traveling Abroad with Permission (Advance Parole) May Make them Eligible to Get their Green Cards in the U.S. Through Certain Visa Petitions by ILRC. 9/30/