Once you have returned to the United States under a grant of advance parole, you would be inspected by an immigration officer and as such, have a valid entry into the U.S. With this, it may allow you to be eligible for adjustment of status in the United States.
The agency has, however, issued a receipt notice for an advance parole request, which allows a DACA recipient to travel abroad without incurring penalties, that Kuck made on behalf of a recipient who wants to visit a sick grandfather. Even though the Court held that the Trump administration’s first attempt to rescind DACA was done improperly, the administration has the power to attempt again to make it unavailable.The Supreme Court’s June 18 decision vacates the Trump administration’s termination of DACA and leaves in place the 2012 Department of Homeland Security (DHS) policy memo that first made DACA available.
The issue with Consular Processing and DACA, is that many individuals who have been without status in the US after the age of 18 for more than 180 or 360 days, would require an I-601A Waiver to remove the Inadmissibility Bar under INA 212(a)(9)(B)(I) or INA 212(a)(9)(B)(II).USCIS requires the following basic requirements:For many DACA, the “lawful entry” requirement is normally not met. Put differently, USCIS can ignore the Advanced Parole I-94 and focus on the old Illegal Entry (EWI) in their Denial of Adjustment of Status. For example, Mexican Citizens would have to attend a Consular Interview in Ciudad Juarez, Mexico.For many years, U.S. Advance parole may be able to help your immigration case in other ways. Citizenship and Immigration Services (USCIS), have found that individuals who travel on advance parole satisfy the “inspected and … paroled” requirement of INA § 245(a) and are able to adjust their status to that of lawful permanent resident.However, in 2019, USCIS cites INA §§ 304(c)(1)(A)(ii) and 304(c)(2)(b) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (MTINA), Pub.
A59: Concurrent filing of advance parole is not an option at this time. 18, 2020), the US Supreme Court partly rescinded the Trump Administration cancellation of Deferred Action for Childhood Arrivals (DACA). Advance Parole and Adjustment of Status A DACA recipient who travels on advance parole may gain the ability to adjust status in the United States upon her return if she meets the requirements for adjustment under existing immigration law. However, he said the notice came later than usual at about 10 days after FedEx confirmed the request was delivered. The Supreme Court’s June 18 decision vacates the Trump administration’s termination of DACA and leaves in place the 2012 Department of Homeland Security (DHS) policy memo that first made DACA available. However, the common question, can DACA Holders use an Advanced Parole Entry (I-94) issued through the DACA in a subsequent Adjustment of Status based on Marriage to a US Citizen? DHS is, however, reviewing its policy on concurrent filing of advance parole with a DACA request. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.