Question from Luke, Can a DACA Beneficiary Apply for Advance Parole for Religious Reasons?
Answer from AI:
The Deferred Action for Childhood Arrivals (DACA) program allows certain individuals who came to the United States as children and meet several guidelines to request consideration of deferred action from deportation. As a DACA recipient, you may be eligible to apply for Advance Parole, which allows you to travel outside the United States and return legally.
Eligibility for Advance Parole
According to the U.S. Citizenship and Immigration Services (USCIS), DACA recipients may apply for Advance Parole for travel abroad due to educational, employment, or humanitarian reasons.
- Educational reasons include study abroad programs and academic research.
- Employment reasons include overseas assignments, interviews, conferences or, training, or meetings with clients overseas.
- Humanitarian reasons include travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.
Applying for Advance Parole for Religious Reasons
While the USCIS does not explicitly list religious reasons as a basis for granting Advance Parole, it may be possible to argue that your travel for a religious meeting falls under the category of “humanitarian reasons.” However, the decision to grant Advance Parole is discretionary and depends on the specifics of each case.
Consulting a Legal Professional
Given the complexity of immigration law and the potential risks associated with leaving the country as a DACA recipient, it is strongly recommended that you consult with an immigration attorney or a legal professional before applying for Advance Parole. They can provide personalized advice based on your specific circumstances and help you prepare your application to increase the chances of approval.
Applying for Advance Parole
If you decide to apply for Advance Parole, you will need to complete Form I-131, Application for Travel Document, and submit it to USCIS along with the appropriate fee and supporting documentation. This may include evidence of your DACA status, proof of the reason for your travel, and any other documents that support your case.
Please note that even with Advance Parole, re-entry to the United States is not guaranteed. You may still be subject to the standard immigration inspection at the port of entry, and you could be denied entry if the immigration officer determines that you are inadmissible for any reason.
In conclusion, while it may be possible to apply for Advance Parole for religious reasons, the outcome is uncertain and there are potential risks involved. Therefore, it is crucial to seek legal advice before proceeding.