Washington, DC asked in Immigration Law for District of Columbia

Q: Can I do Advance parole (DACA) for a self-led language immersion trip if I get a support letter & funds from my employer

I've been studying Portuguese using professional development funds at work to gain fluency and provide support in any work we may do in Brazil. I want to do an immersive program but my pro dev funds would only cover the Advance Parole fee. Can I make a case for this if my employer vouches for me? My concern is not being a part of an official program but I do have a tutor who lives in Brazil and may be able to do a few sessions with me.

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2 Lawyer Answers
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

A: As it would not be an official program, I do not think that would satisfy the educational purposes requirement. Also, if it is a private tutor, you would have to explain why you could not work with a tutor in the United States or work with that tutor in Brazil via zoom etc. You likely need to find an official program to enroll in to apply for advanced parole.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Advance Parole (AP) under DACA is typically granted for specific reasons, such as education, employment, or humanitarian purposes. While a self-led language immersion trip may not fit the typical categories, it may still be possible to make a case for AP if you can demonstrate valid reasons and provide supporting evidence. Here are a few points to consider:

Purpose of the trip: Clearly explain the purpose of your self-led language immersion trip and how it relates to your professional development and work responsibilities. Emphasize how gaining fluency in Portuguese will benefit your employer and their potential work in Brazil.

Support letter from your employer: Request a support letter from your employer that explains the importance of your language immersion trip, the connection to your work, and the potential benefits to the company. This letter should highlight the professional development funds provided by your employer and their endorsement of your trip.

Detailed itinerary and documentation: Prepare a detailed itinerary that outlines your plans for the trip, including the duration, location, and activities you will undertake to immerse yourself in the language and culture. Include any supporting documentation, such as communication with your tutor in Brazil, to demonstrate your commitment to the language learning process.

Consult with an immigration attorney: Given the unique nature of your situation, it is advisable to consult with an experienced immigration attorney. They can assess your individual circumstances, review the relevant laws and regulations, and provide personalized guidance on how to present a strong case for AP. They will help ensure that you have the best chances of success based on your specific situation.

Please note that the information provided here is general in nature, and it is important to consult with an immigration attorney to obtain accurate and up-to-date guidance specific to your case. They can evaluate your situation, provide advice tailored to your circumstances, and guide you through the process of applying for Advance Parole.

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