I have been in the U.S since I was 4, I came here illegally and now I'm 18 years old, I have been approved by the Deferred Action but I want to go back to my hometown and visit my family. I want to know if there is any way I can come back since I am so used to being here in the U.S. Can I apply for a student visa? or anything that will allow me to come back legally?
I am not 18 yet but will be soon on march 28th.
You can apply for advanced parole, form I-131 to travel to Mexico. However, I highly discourage my clients to do this as it is risky w/regard to re-entry after being in unlawful status. Please hire an immigration lawyer to advis and represent you.
You are eligible for advance parole (travel permit) in deferred action status. Whether I would advise travel or not depends on your exact birthday. Are you more than 180 days past your 18th birthday? Once in deferred action status you do not accumulate unlawful presence ("ULP") but while your case was pending you do accumulate ULP so the exact date of your deferred action grant is also important. If you have more that 180 days ULP then you trigger a 3 year penalty before you can return to the U.S., so I would not travel as the rules are not yet known how these cases will be treated. Under 18 you do not accumulate ULP. If no ULP, no criminal background then advance parole should be fine but just plan to return on advance parole and don't try to get a nonimmigrant visa as it is unlikely to be successful.
It would be nice to get into student status but that is a nonimmigrant status requiring you to prove you intend to return to your home country. this is likely going to be difficult since you haven't lived there for so long.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
Real Estate Attorney
I agree with my colleagues that it appears risky to travel on Advance Parole in your situation. You need to consult an immigration lawyer in order to determine your options. Many of us offer free consultations. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
Advance parole is given to those with deferred action under DACA in specific limited circumstances, and not just because you want to travel. Also note the form is in the process of being changed to reflect special requirements for DACA-based travel, and CIS itself is still formulating the instructions for it. As CIS states on its website:
"Application procedures for advance parole for individuals with deferred action are being finalized. USCIS expects to incorporate those requirements into USCIS Form I-131, Application for Travel Document, in the near future and will inform the public when the new form is available. Should you have a compelling need to travel outside the United States before the new instructions are issued for reasons related to your current employment, education or humanitarian purposes . . . ." Previously, CIS instructed,"USCIS will only grant advance parole if you are traveling ofr humanitarian purposes, educational purposes, or employment purposes." I'd wait at least until the new instructions are issued, and even then make sure you work with an attorney, and even then there could be a risk later on. Again, it may be allowed on DACA, but the question is how it may affect you in the future if you want to do something else, and that answer isn't clear.
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.