Update on DACA and Advanced Parole

According to the American Lawyers Association, in response to a rumor that USCIS had suspended processing DACA-based advance paroles, AILA reached out to USCIS who confirmed that it is continuing to process DACA-based advance parole applications as normal. In a message to the public (AILA Doc. No. 16112132), USCIS confirmed that “it continue[s] to process all applications, petitions, and requests consistent with current statutory laws, regulations, and policies.” In addition, at the November 1, 2016 AILA meeting with USCIS Field Operations (AILA Doc. No. 16110331), USCIS stated that it provided additional guidelines to USCIS Field Offices regarding the issuance of emergency advance parole, including specific criteria for DACA recipients and new I-512 templates for DACA recipients and other requestors. AILA is in the process of obtaining a copy of this guidance.

When advising a client (DACA or otherwise) regarding travel on advance parole, note that CBP maintains the position that advance parole does not guarantee admission to the United States. In addition, DHS may revoke or terminate an advance parole document at any time, including while your client is outside the U.S., which would inhibit or prohibit their ability to return.