DACA is Back (For Now)!
Let us also talk Advance Parole for International Travel
As of July 17, 2020, the court ordered reinstatement of DACA. This means that we may now file INITIAL DACA applications, and potentially advance parole for existing DACA holders. This is truly exciting news, and potentially life changing to many new & existing Dreamers!
To qualify for Initial DACA filing, you must be:
- Under the age of 31 as of June 15, 2012
- At least 15 years of age or, if not, that the person is currently in removal proceedings
- Came to US before he or she was 16 years of age
- Continually resided in the US from June 15, 2007 to the present date
- Currently physically present in the US
- Currently without lawful status
- Currently in school, is a high school graduate, has obtained a GED, OR has been honorably discharged from the US Armed Forces
- Not convicted of a felony, significant misdemeanor, or three or more other misdemeanors
- Not a threat to national security or public safety
For existing or newly qualified DACA holders who never made a verified legal entry into the USA (those who walked in or were waved in by car without a US visa), you should consider applying for advance parole in order to travel abroad and make a fresh legal entry. This new legal entry might qualify you to adjust your status (apply for green card) if you have an immigrant petition pending on your or parent’s behalf.
Do NOT travel or apply for Advance Parole without first consulting with a competent immigration attorney as not everyone qualifies or should travel (case by case basis)