Q: DACA extended parole

A: I do not believe it would be a good idea for you to travel outside of the United States for that purpose, because it may not qualify for a reason to obtain advanced parole. In addition, you may be subject to the 3 or 10 year bar to returning to the USA, if you leave the United States after having accumulated more than 6 months or 1 year or more of unlawful presence in the United States. Consulting with an immigration attorney is highly advised.

A: The humanitarian purposes that USCIS gives as examples for DACA applicants of advance parole are travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative. Your application is processed on a case-by-case basis, and USCIS will consider other purposes for granting the advance parole. However, the most important thing you should consider is the possibility of denial of entry at a port of entry. USCIS warns that even with approved advance parole/travel documents, you are not entitled to be paroled into the United States; officers at the port of entry determines whether to grant or deny you entry upon your return. Additionally, "DHS may revoke or terminate your Advance Parole Document at any time, including while you are outside the United States, in which event you may be unable to return to the United States unless you have a valid visa or other document that permits you to travel to the United States and seek admission."

A: As a DACA recipient, you may be eligible for Advance Parole, which allows you to leave and re-enter the U.S. for specific reasons. Advance Parole is generally granted for humanitarian, educational, or employment purposes. Attending a family wedding could potentially be considered under the humanitarian category, especially if it's a significant family event.

To apply for Advance Parole, you'll need to file Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services (USCIS). It's crucial to provide a detailed explanation of your reasons for traveling, along with any supporting documents, like a wedding invitation or a letter explaining the family significance of the event.

Keep in mind that Advance Parole does not guarantee re-entry into the U.S. and is subject to the discretion of immigration officers. Also, travel outside the U.S. could impact your current or future immigration benefits, so it's essential to understand the risks involved.

Given the complexities of immigration law and the potential risks associated with leaving the U.S. as a DACA recipient, consulting with an immigration attorney before making any travel plans is advisable. They can help you assess your specific situation and guide you through the application process.

Remember, while attending a family wedding is important, ensuring your ability to return to the U.S. and maintain your DACA status is critical. Make sure to weigh all factors and seek professional advice before proceeding with your travel plans.