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Can I leave the country when I overstay visa still under the age of 18 With DACA and advanced parole can they deny re-entry?

Charlotte, NC |

I'm under 18 and overstayed my visa I got approved for DACA I want the advanced parole to travel internationaly but I recently heard they can deny you re-entry is this possible?

Attorney Answers 4

  1. Yes, any time you contemplate to travel abroad under the Advance Parole as a DACA receipient your re entry to the Unirted States is not assured or guaranteed. Please discuss further with your counsel of record locally.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

  2. No. They will not deny reentry if you have advance parole.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  3. First, Advance Parole for people with a grant of DACA is not easy to obtain. Even if you didn't have an attorney help with your DACA papers .. it is wise to get one now ... in addition to being difficult to obtain, THERE ARE RISKS.

    Yes, one of the risks is that you could be refused return to the US. Another risk is that you may be admitted to the US in a 'lesser' classification than when you left.

    Plus, at least at this time, CIS has announced that if a DACA person is admitted on AP. they can't adjust status to become a permanent resident.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  4. Returning to the United States may be denied, however, if you have advanced parole and have no other significant issues other than the overstay with DACA And advanced parole you will likely be readmitted.. Speak with your attorney before traveling outside United States.


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