Can I Still Apply for DACA Advance Parole?

Deferred Action for Childhood Arrivals Program (DACA) is a federal policy created in 2012 that now allows certain individuals who entered the United States illegally as children (Dreamers) to now live and work legally in the United States and avoid deportation.

In a previous article (Deferred Action for Childhood Arrivals Program “DACA”) we discussed the eligibility requirements for initial and renewal DACA requests, in addition to the benefits and protections associated with DACA status. We also discussed the current state of DACA and advised that on July 16, 2021, a Texas district court judge held that the DACA policy is illegal. The ruling is on appeal.

Travel Abroad & DACA Advance Parole

We had advised that one of the benefits of DACA is the ability to travel outside the U.S., based on humanitarian, employment and educational purposes. To travel outside the U.S., you must apply for and receive permission to travel (Advance Parole).

I have DACA – Can I apply for advance parole after July 16, 2021?

Yes. USCIS will continue to accept and process applications for DACA advance parole from individuals who were granted DACA prior to the court’s decision.

I was approved for advance parole. How does the Texas court order affect this approval?

If your application for advance parole has been approved, the Texas court order does not affect that approval.

I plan to travel outside the U.S. using my DACA advance parole. Would the Texas court order affect my return to the U.S.?

No. The court order does not change any of the conditions that were in effect prior to the order.

If you are interested in applying for DACA, renewing your current DACA status, or have additional questions, contact the immigration attorneys at the Law Offices of Azita M. Mojarad, P.C.