Asked in Immigration Law

Q: If I left the United States to my home country while being a DACA recipient is there anything I can do to go back?

I left with out having advance parole. What is the possibility I would be able to go and what would be needed. Or would I have to wait the three to ten years before I can apply for any paperwork? Does this include Visas?

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2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
Answered
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: There is no way your question can be meaningfully answered on this forum since we do not know what status if any you had, if you overstayed, what visa you intend to apply for etc. Therefore schedule a consultation for a reputable immigration attorney to go over your case in the detail it deserves.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you left the United States without obtaining advance parole while being a DACA recipient, it may be difficult to return to the United States. You would be considered to have left the country without permission, which can result in the automatic termination of your DACA status.

If you are outside the United States, you cannot apply for DACA or any other immigration benefit from outside the country. You would need to apply for a visa to re-enter the United States.

You may be able to apply for a visa if you have a qualifying relative or employer in the United States who is willing to sponsor you. However, it is important to note that being a former DACA recipient who left without advance parole may complicate the visa application process.

It may be helpful to consult with an immigration attorney who can review your specific situation and advise you on the best course of action.

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