Advance parole

ADVANCE PAROLE

Manuel Ramírez, student at the University of Texas at Austin, studied in China in the summer of 2014.  Photo used with permission.

Manuel Ramírez, student at the University of Texas at Austin, studied in China in the summer of 2014. Photos used with permission.  If you are a DACA recipient, do not leave the U.S. without obtaining Advance Parole.  

The word “parole” in the immigration context means that the US Department of Homeland Security, specifically Customs and Border Protection (CBP), gives someone permission to enter the U.S., but does not “admit” the person to the U.S.

“Advance parole” means that a person who is actually, physically present in the U.S., but who does not have authorization to be in the U.S., plans to leave the U.S. and asks the Department of Homeland Security to let her back into the U.S., even though this person still won’t have any authorization to be here.

A person who is “paroled” into the U.S. does not have any legal status in the U.S., but so long as she or he meets the conditions of this parole is not going to be deported or removed for being here.

The Department of Homeland Security could grant a “humanitarian parole” into the U.S. for someone who needs medical care.

It can also issue “advance parole” to people who have received Deferred Adjudication for Childhood Arrivals (DACA), in certain instances.  Advance Parole is considered a discretionary action.  That means that no one has a right to Advance Parole; USCIS does not have to grant it to anyone.

It is possible to obtain advance parole for certain reasons:

1) Urgent humanitarian reasons (such as the serious illness or death of a close relative);

2) Study;

3) Employment.

If you are someone who is a recipient of DACA, with no other rights or status in the U.S., do NOT leave the U.S. without first applying for Advance Parole through Form I-131, the Application for a Travel Document.

The library at Tsinghua University, Haidian, China.  Photo courtesy of Manuel Ramírez.

The library at Tsinghua University, Haidian, China. Photo courtesy of Manuel Ramírez.