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How can I travel with my deffered action and what could count as a valid excuse to travel

Aurora, CO |

I have a us citizen daughter in Mexico and I want to go see her and also my grama will be getting a surgery for her eyes would thus count at all for me to abtain a advanced parole

Attorney Answers 4


  1. DACA is not status. It is merely a "deferment" from removal, for 2 years. I would be grateful to have obtained it, and having been able to obtain a work permit, etc. I wouldn't push my luck too far and also want to travel at this point. Wait. As a DACA recipient you stand first in line to adjust your status once Immigration Reform finally passes before the end of this year. Once you obtain status, you will then have all the time in the world to travel as much as you want. Just don't risk it now.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Mr.Behar is absolutely correct. Do not risk traveling out of the US at this point, as it might jeopardize your immigration.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


  3. There have been a few DACA aliens who have successfully obtained advanced parole. One main concern is the fear that if a form of immigration reform is passed there may be a residency requirement that could be very strict. Thus, it is possible but as my colleagues stated not advisable.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  4. Many DACA grantees are applying for advance parole, allowing them to travel outside the US for work, education or humanitarian purposes. There are risks to travel, but potentially some benefits too, which have recently been clarified by USCIS.

    I know it's tempting to just flip in an application on your own, but go talk to a lawyer and get information specific to your case before making a decision.

    This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit www.lichterimmigration.com or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.

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