Does Advance Parole trigger unlawful presence?

A departure from the United States under a grant of advance parole does not count as a “departure” under INA § 212(a)(9)(B) and thus—unlike other departures—does not trigger this ground of inadmissibility.

Does Advance Parole count as legal entry for DACA?

Yes. USCIS will continue to accept and adjudicate applications for advance parole for current DACA recipients.

Can you get a green card through Advance Parole?

Yes, it is possible for DACA recipients to apply for a green card if they meet the lawful entry requirement. If you’ve entered the U.S. lawfully with Advance Parole or if you first entered with a valid visa, you may meet the green card eligibility requirement.

Do I need a visa with Advance Parole?

You can take trips outside the United States for as long as your Advance Parole document remains valid. On your trips, Advance Parole will serve as a replacement for a U.S. visa. However, you still need your foreign passport to travel.

How do you check for unlawful presence?

According to section 212(a)(9)(B)(ii) of the INA, you accrue unlawful presence if:

1. You are present in the United States without being admitted or paroled; or.
2. You have remained in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security (the Secretary).

Does parole in place Forgive unlawful presence?

Parole is considered a lawful immigration status for purposes of certain immigration benefits, such as a Green Card. Parole, however, does not excuse any periods of unlawful presence outside of the parole period.

How many times can I travel with advance parole?

Advance Parole is normally granted for multiple entries into the U.S. and for the time period required to complete the adjustment of status application, not to exceed one year. This isn’t set out in the law anywhere; it’s a matter of USCIS policy.

How long can I stay outside U.S. with advance parole?

You can’t leave the country until you have your approved travel document in hand, so you should expect to spend the 3–5 months after submitting your green card application in the United States. Theoretically, you could be out of the United States for as long as you have a travel document (one year plus renewals).

Is it safe to travel with advance parole 2021 Covid?

Even then, most immigration attorneys recommend against traveling outside of the United States while your Green Card application is pending as the risks rarely justify the reward. Generally speaking, you should only travel outside the United States with advance parole in an emergency situation.

What documents do I need to travel with advance parole?

5. Gather your documents

• A passport from your country of origin that is valid for at least six months after the date of travel.
• Your Advance Parole document.
• Evidence of reason for the trip abroad.
• Employment authorization card.
• A copy of your DACA approval notice.
• State I.D. or driver’s license.

What happens if you leave the United States with advance parole?

If you do leave the country, you may be subject to a 3- or 10-year travel ban when you attempt to re-enter the United States. Finally, even if everything goes according to plan and you are re-admitted to the United States with an advance parole document, you will enter the country on parole as an “arriving alien.”

What is an advance parole travel document?

When USCIS issues an advance parole travel document, the holder is permitted to appear at a US port of entry to seek parole into the United States. The travel document may be accepted in lieu of a visa, though it does not replace any required passport.

What is unlawful presence in the US?

Unlawful presence is the period of time when you are in the United States without being admitted or paroled or when you are not in a “period of stay authorized by the Secretary.” You may be barred from being admitted to the United States for:

What are the risks of travel with advance parole?

You are granted advance parole before you leave the United States Considering this, the greatest risk of traveling with advance parole is that by some mistake—whether of your own doing or by USCIS—your pending application for an adjustment of status will be immediately denied.