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Benefits of Advanced Parole ( I - 131) for Those with DACA or

TPS September 2014
by Desmond P. FitzGerald, Immigration Attorney, Boston, MA
Dear friends,
Many immigration petition beneficiaries may be eligible for Advanced Parole, or the
permission to reenter the US after traveling outside the country. These include Asylees,
applicants for Adjustment of Status throughmarriage/family residency petitions,
applicants for Adjustment of Status through employment residency petitions, as well
as DACA (Deferred Action for Childhood Arrivals) and TPS (Temporary Protected Status)
holders. However, for DACA and TPS beneficiaries there may be an added benefit to
obtaining a travel and reentry permit, Advanced Parole (form I-131), and actually traveling
outside the US and re-entering the US as a Parolee. The added benefit is that once they
enter the US as a Parolee, they may be eligible to adjust status or obtain legal permanent
resident status, while inside the US, if they have an approved immigrant visa petition,
whereas before they may have been ineligible.


1. Advanced Parole (Form I-131) and Section 245(a) of the Immigration and Nationality
Act

2. Example of How Advanced Parole can be Used by those with DACA or TPS

3. Advanced Parole and Relief from Removal/Deportation for those with DACA or TPS

4. Example of How Advanced Parole can be Used with a Deportation Order for those with
DACA or TPS

5. Dont Forget to Submit Your DACA Renewals On Time



1. Advanced Parole (Form I-131) and Section 245(a)
of the Immigration and Nationality Act
Section 245(a) of the Immigration and Nationality Act, states that a person who is eligible to
file a residencypetition through an immediate relative (spouses of US citizens, children of US
citizens who are under 21 and single, parents of US citizens if the child is over 21), or in
certain circumstances, through employment, may obtain residency inside the US if they were
inspected and admitted into the US (entered with a visa), if they were paroled into the US
(obtained advance parole or permission to return to the US after traveling), or if they
are 245(i) eligible.
Top
2. Example of How Advanced Parole can be Used by
those with DACA or TPS
For example, a person who is married to a US citizen, who was not able to adjust status and
obtain their Green Card in the United States because he/she did not enter with a US visa and
is not 245i eligible; but who currently has TPS or DACA, can apply for an advance parole
document or permission to travel and return to the US (Form I-131). This person may then
travel outside the US, and upon their return, they will enter as a parolee, and therefore may
be eligible to adjust to resident status here in the US, through their marriage petition.
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3. Advanced Parole and Relief from
Removal/Deportation for those with DACA or TPS
Another benefit of applying for advance parole for DACA and TPS holders is relief from a
deportation/removal order. Generally, for those who have had a deportation/removal
order issued against them, adjusting status or obtaining residency in the US is not permitted
by the law. However, since a parolee is eligible for adjustment of status outside the
immigration court, a person who obtains parolee status through DACA or TPS, may be able
to get residency even though they have an outstanding order of removal or deportation
against them.
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4. Example of How Advanced Parole can be Used
with a Deportation Order for those with DACA or
TPS
For example, a person who came in as a child with their family and was in removal
proceedings that resulted in a deportation order, but remained in the US and eventually
married a US citizen, would generally be unable to obtain legal permanent resident status
based on his marriage to the US citizen. However, if he/she qualified and obtained DACA,
and was granted Advanced Parole or permission to travel and return as a parolee, this
person, upon their return, could apply for adjustment of status within the US under section
245(a) of the Immigration and Nationality Act and become a US Resident.
Therefore, it may be extremely beneficial for those who have DACA or TPS to obtain
Advanced Parole and to travel outside the US and reenter as a parolee.
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5. Dont Forget to Submit Your DACA Renewals On
Time
In addition, those for whose DACA authorization will be expiring, it is important to submit
your renewal petition 4 months before your DACA expires.
If you are located in or coming to Massachusetts or surrounding areas and need assistance
processing your immigration petition, personal injury claim or criminal matter, call to
make an appointment with one of our experienced Boston immigration, criminal and
personal injury lawyers, at: 617-303-2600.
Sincerely,
Desmond P. FitzGerald and
The FitzGerald & Company team
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