Batalla Vidal – Advance Parole Returns for DACA Recipients

Decided December 4, 2020

USCIS is now required to accept applications for advance parole based on the terms of the DACA policy prior to Sept. 5, 2017, and in accordance with the Court’s order. This means that qualifying DACA recipients can apply for advance parole, travel out of the United States, and upon return get the required valid entry for purposes of filing for adjustment of status in the United States (e.g., through a USC spouse, etc.).

While the grant of advance parole is not guaranteed, and a sufficient “humanitarian” reason must be shown to quality,  if granted – travel and return on an advance parole document is less expensive and risky than consular processing (whether or not a waiver is required).