WHO CAN APPLY FOR DACA NOW, AND WHO CAN TRAVEL OUTSIDE THE U.S. AND HOW?
The Biden Administration has provided guidance on how to implement new policies regarding Deferred Action for Childhood Arrivals (DACA):
· USCIS will now accept all initial DACA requests from foreign nationals who have never previously received DACA
- USCIS will return to granting employment authorizations for two years rather than one year.
- USCIS will grant advance parole for travel outside the United States to DACA recipients as they did between 2014-2017
CAUTION: DO NOT TRAVEL WITHOUT A PRE-APPROVED TRAVEL PERMIT.
Request for Adjustment of Legal Status as a Resident, after having traveled abroad with Advance Parole
Advance Parole allows many DACA recipients the ability to adjust their legal status as residents here in the United States, without requiring any "pardon" or consular processing abroad. For example, it would apply to a DACA recipient who is married to an American citizen.
This means that if the DACA recipient travels abroad and returns with an Advance Parole permit, he or she could apply to adjust her legal status as a permanent resident of the United States. The adjustment of legal status within the country is much faster and simpler than the “pardon” procedure (which was frequently denied) or the long consular process of having to travel to a Consulate abroad, such as Ciudad Juárez for example.
Now, DACA recipients with a US spouse can apply for legal permanent residence in San Francisco and generally get a decision within a year of applying. There have already been cases of DACA recipients who were able to adjust their legal status successfully, after traveling abroad with the travel permit or Advance Parole.
Of course, anyone who is thinking of traveling abroad or applying to adjust their legal status as a permanent resident, should seek competent legal advice, before starting any process.
Authors: Liliana Gallelli (Immigration Attorney at K & G Law, LLP) and Christopher Kerosky (Top Immigration Attorney and Guest Blogger for K & G Immigration Law Blog)