If you are on DACA, you may apply for Advance Parole.
After entering the United States on Advance Parole, you may adjust your status if you have an approved petition filed by your spouse.
USCIS or U.S. Immigration and Customs Enforcement (ICE) has deferred action in your case as a childhood arrival based on the guidelines described in the Secretary of Homeland Security’s memorandum issued on June 15, 2012 (“Deferred Action for Childhood Arrivals” (DACA)).
USCIS may, in its discretion, grant advance parole if you are traveling outside the United States for educational purposes, employment purposes, or humanitarian purposes. (a) Educational purposes include, but are not limited to, semester abroad programs or academic research; (b) Employment purposes include, but are not limited to, overseas assignments, interviews, conferences, training, or meetings with clients; and (c) Humanitarian purposes include, but are not limited to, travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.
NOTE: Travel for vacation is not a valid purpose. You must NOT file Form I-131 with your deferred action request or your package will be rejected and returned to you.
DACA recipients with advance parole should complete their travel and return to the United States as soon as practicable, but certainly before January 20, 2017.
Note that CBP is responsible for inspecting and paroling individuals with valid advance parole documents, and maintains the position that advance parole does not guarantee admission to the United States. DHS may revoke or terminate an advance parole document at any time, including while your client is outside the U.S., which would inhibit or prohibit their ability to return.
For More Information, please contact Attorney Phillip Kim at (559) 448-8500.