Applying for Advance Parole as a DACA Recipient

Adjustment of status is the process of getting a green card in the U.S. This process requires a lawful entry or parole into the U.S. Many DACA recipients do not have a lawful entry or parole since they were brought to the U.S. by their parents without a visa when they were very young. For these individuals, DACA Advance Parole is a powerful vehicle for creating the necessary lawful “parole” into the United States which then makes them eligible to adjust status in the U.S. via a family relationship (typically, based on their marriage to a U.S. citizen).

Adjusting status after obtaining being paroled into the U.S. is much better than the alternative, the I601A stateside waiver process. This is the process of immigrating via a consulate in your home country. Absent a lawful entry or parole, the person must first obtain a I-601A stateside waiver due to unlawful presence in the U.S. This process is much more costly, lengthy and scary since it culminates with a consular interview abroad. Due to technical legal reasons, a person who travels with Advance Parole never needs a penalty for unlawful presence, which is an enormous advantage. .

To apply for DACA advance parole, you must have a qualifying reason such as humanitarian, employment, or educational purposes. Examples of humanitarian purposes are visiting an ailing relative, visiting a recently deceased family member’s grave, or helping relatives after natural disasters. Examples of employment purposes include training, conferences, overseas assignments, and interviews. Examples of educational purposes include studying abroad or traveling for academic research. These qualifying reasons must all include significant supporting evidence to prove the need for travel.

Lastly, even individuals who do not currently have a path to adjust status such as marriage to a U.S. citizen still may want to consider applying for Advance Parole if they currently do not have a lawful entry or parole into the United States. This benefit may be taken away by a future presidential administration (the last Trump administration halted Advance Parole for DACA recipients.) By obtaining parole now, an individual will be in a much better place if they marry a U.S. citizen in the future.

Before applying for advance parole, there are some risk factors to consider such as having a criminal record that can lead to “inadmissibility” and denial of re-entry. We recommend you consult with an immigration attorney if you are considering DACA advance parole. You can contact us with any questions by phone at 303-872-6985 or by emailing us here.