Legal Question in Immigration Law in North Carolina

I was granted DACA and Advance parole, need to go Germany to see my dad (he is sick).

Is it safe to travel with advance parole after overstaying I-94 for 8 years?

Asked on 6/05/13, 6:22 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Pursuant to the Jan 2013 USCIS Memo on DACA, if your I-821D was approved and you have no past orders of Deportation/Removal, then leaving the U.S. will not affect your "continuous physical presence" for purposes of DACA.

However, I do not see that USCIS has addressed the 10- yr bar issue with respect to DACA & advance parole. (Moreover, AILA & others have even addressed this issue in a Dec 2012 letter to USCIS!).

Although you are not my client, I would advise my clients not to travel until there is further guidance & reassurance that DACA recipients will not be subject to the 10 yr bar.

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Answered on 6/05/13, 6:41 am

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