DACA Recipients May Use Advance Parole For Consular Visa Interviews

USCIS has recently updated its DACA FAQs to expressly provide that DACA recipients may obtain Advance Parole to travel to their consular employer-sponsored nonimmigrant visa appointment. The specific FAQ states:

Q60: As a DACA recipient, can I travel outside of the United States?

A60: Not automatically. If you want to travel outside the United States after receiving DACA, you must apply for an advance parole document by filing Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, and paying the applicable fee. We will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, we will only issue an advance parole document if you want to travel outside the United States for:

Humanitarian purposes, including to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative;
Educational purposes, such as semester abroad programs and academic research; or
Employment purposes, including but not limited to overseas assignments, interviews, conferences or training, consular appointment for an employer-sponsored nonimmigrant visa, or meetings with clients overseas. (emphasis added)
Based on this guidance, local USCIS offices may on a case-by-case basis also approve emergency DACA Advance Parole applications for the purpose of attending consular appointments for an employer-sponsored nonimmigrant visas. In practice, emergency Advance Parole applications are often granted for only 30 days, but applicants should request 60 days. When pursuing Advance Parole on this basis, practitioners are advised first to schedule their nonimmigrant visa interviews within 7-10 days of their INFOPASS appointments. Applicants for emergency DACA Advance Parole should take a copy of the updated DACA FAQ, their nonimmigrant visa petition approval notice and their visa interview appointment notice to the INFOPASS appointment. Applicants must ensure that the requested period of Advance Parole is sufficient to allow for both expedited D3 waiver processing and nonimmigrant visa issuance.

If you are unsure about how whether you are eligible for the above, it is advisable to consult with an experienced immigration attorney before taking any action. As one of the most established firms practicing exclusively in the area of immigration law, our firm has successfully helped our clients obtain temporary work permits, green cards, and citizenship for generations. Note that the information provided in this article and website is intended for general information purposes only and should not be construed as legal advice. For additional information or information regarding other immigration matters, please call Attorney Thomas M. Lee for a free consultation at 213-251-5533