August 01, 2013

DACA applicants, children who came to US before August 15, 2012 and stayed in the US illegally, can obtain employment authorization in two year increments. Another benefit of DACA is that an applicant may seek permission – through a process known as “advance parole” – to travel abroad temporarily for humanitarian, educational, or employment purposes. 
Prior to applying for advance parole, an individual must apply for and receive a DACA approval. Indeed, an individual is disqualified from DACA if he/she departs the US at any time after August 15, 2012 unless he/she is first granted both DACA and advance parole. In order to receive a DACA advance parole, a DACA recipient generally must show that s/he is traveling abroad for humanitarian, employment, or educational purposes. Humanitarian category includes obtaining medical assistance, attending a funeral service for a family member, visiting a sick relative, or other urgent family-related purposes. Educational purposes include study abroad programs and academic research. Employment purposes include overseas assignments or client meetings, interviews, conferences, trainings. USCIS makes the decisions on DACA requests on a case-by-case basis. It is our experience that USCIS scrutinizes the applicants' reasons for travel and allows only for a period of time necessary to complete the authorized purpose. In one case the Beneficiary's advance parole application to visit an ailing relative was only authorized for a three month period.

Remzi Guvenc Kulen,  Esq.