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LIFE AFTER DACA: ADVANCE PAROLE FOR DACA RECIPIENTS.

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Presentation on theme: "LIFE AFTER DACA: ADVANCE PAROLE FOR DACA RECIPIENTS."— Presentation transcript:

1 LIFE AFTER DACA: ADVANCE PAROLE FOR DACA RECIPIENTS

2 www.adminrelief.org 2 COMMITTEE FOR IMMIGRATION REFORM IMPLEMENTATION (CIRI)

3 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

4 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

5 Advance Parole Authorization Document 9/30/2016 5

6 Advance Parole Authorization Document 9/30/2016 6

7 Advance Parole Authorization Document 9/30/2016 7

8 Advance Parole Authorization Document 9/30/2016 8

9 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

10 Purpose of Traveling Abroad Humanitarian purpose Educational purpose Employment purpose 9/30/2016 10

11 Humanitarian Purpose Travel to obtain medical treatment Attend a family member’s funeral Visit a sick relative 9/30/2016 11

12 Educational Purpose Semester abroad program Academic research 9/30/2016 12

13 Employment Purpose Overseas assignment Interviews Conferences Training Meeting with client overseas 9/30/2016 13

14 Vacation Vacation is not a valid basis for advance parole 9/30/2016 14

15 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: 1- 800-898-7180 9/30/2016 15

16 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 9/30/2016 16

17 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 9/30/2016 17

18 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. 9/30/2016 18

19 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) 9/30/2016 19

20 Issues to Consider: Travel and unlawful presence bars Directive to Provide Consistency Regarding Advance Parole, November 20, 2014 9/30/2016 20

21 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 9/30/2016 21

22 Application for Travel Document Form I-131 9/30/2016 22

23 Application for Travel Document Form I-131 9/30/2016 23

24 Application for Travel Document Form I-131: 9/30/2016 24

25 Evidence of Purpose of Travel: Humanitarian Letter from medical professional Letter from hospital Death Certificate 9/30/2016 25

26 Educational : Letter from educational institution Document showing enrollment in classes 9/30/2016 26

27 Employment : Letter from employer. Document showing employment need, such as conference or training program 9/30/2016 27

28 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 9/30/2016 28

29 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 9/30/2016 29

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 9/30/2016 30

31 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 9/30/2016 31

32 Post Travel and DACA Renewal: Some issues with DACA renewals Requests for Evidence (RFEs) Notices of Intent to Deny (NOIDs) Denials 9/30/2016 32

33 Post Travel and DACA Renewal: How to respond: Respond to RFEs and NOID immediately Include evidence related to travel 9/30/2016 33

34 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 9/30/2016 34

35 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 9/30/2016 35

36 Post-travel impact on other immigration benefits: Adjustment of Status Consular Processing 9/30/2016 36

37 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 9/30/2016 37

38 Conclusion: Consult with a trained attorney or BIA accredited representative before applying for advance parole 9/30/2016 38

39 Resources: USCIS DACA FAQ Own the Dream Campaigning and DACA resources: www.weownthedream.org www.weownthedream.org 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. 9/30/2016 39


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