You’ve got DACA or TPS… What next?
Benefits of Advanced Parole (I-131) for Those with DACA or TPS
Many immigration petition beneficiaries may be eligible for Advanced Parole, or the permission to reenter the US after traveling outside the country. These include Asylees, applicants for Adjustment of Status through marriage/family residency petitions, applicants for Adjustment of Status through employment residency petitions, as well as DACA (Deferred Action for Childhood Arrivals) and TPS (Temporary Protected Status) holders.
However, for DACA and TPS beneficiaries there may be an added benefit to obtaining a travel and reentry permit, Advanced Parole (form I-131), and actually traveling outside the US and re-entering the US as a Parolee. The added benefit is that once they enter the US as a Parolee, they may be eligible to adjust status or obtain legal permanent resident status, while inside the US, if they have an approved immigrant visa petition, whereas before they may have been ineligible.
1. Advanced Parole (Form I-131) and Section 245(a) of the Immigration and Nationality Act
Section 245(a) of the Immigration and Nationality Act, states that a person who is eligible to file a residency
petition through an immediate relative (spouses of US citizens, children of US citizens who are under 21 and single, parents of US citizens if the child is over 21), or in certain circumstances, through employment, may obtain residency inside the US if they were inspected and admitted into the US (entered with a visa), if they were paroled into the US (obtained advance parole or permission to return to the US after traveling), or if they are 245(i) eligible.
2. Example of How Advanced Parole can be Used by those with DACA or TPS
For example, a person who is married to a US citizen, who was not able to adjust status and obtain their Green Card in
the United States because he/she did not enter with a US visa and is not 245i eligible; but who currently has TPS or DACA, can apply for an advance parole document or permission to travel and return to the US (Form I-131). This person may then travel outside the US, and upon their return, they will enter as a parolee, and therefore may be eligible to adjust to resident status here in the US, through their marriage petition.
3. Advanced Parole and Relief from Removal/Deportation for those with DACA or TPS
Another benefit of applying for advance parole for DACA and TPS holders is relief from a deportation/removal order.
Generally, for those who have had a deportation/removal order issued against them, adjusting status or obtaining residency in the US is not permitted by the law. However, since a parolee is eligible for adjustment of status outside the immigration court, a person who obtains parolee status through DACA or TPS, may be able to get residency even though they have an outstanding order of removal or deportation against them.
4. Example of How Advanced Parole can be Used with a Deportation Order for those with DACA or TPS
For example, a person who came in as a child with their family and was in removal proceedings that resulted in a deportation order, but remained in the US and eventually married a US citizen, would generally be unable to obtain legal permanent resident status based on his marriage to the US citizen. However, if he/she qualified and obtained DACA, and was granted Advanced Parole or permission to travel and
return as a parolee, this person, upon their return, could apply for adjustment of status within the US under section 245(a) of the Immigration and Nationality Act and become a US Resident.
Therefore, it may be extremely beneficial for those who have DACA or TPS to obtain Advanced Parole and to travel outside the US and reenter as a parolee.
5. Don’t Forget to Submit Your DACA Renewals On Time
In addition, those for whose DACA authorization will be expiring, it is important to submit your renewal petition 4 months before your DACA expires.
If you are located in or coming to Massachusetts or surrounding areas and need assistance processing your immigration petition, personal injury claim or criminal matter, call to make an appointment with one of our experienced Boston immigration, criminal and personal injury lawyers, at: 617-303-2600.
Desmond P. FitzGerald and
The FitzGerald & Company team