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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?

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Attorney answers 4

Posted

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.

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Posted

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

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; 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.

Posted

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.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Excellent additions.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I AGREE

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Except what they announced was that if you originally arrived to the USA by barging through the border, your readmission on advance parole will not be sufficient for purposes of adjustment of status.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

First, it will be exceptionally hard for them to enforce that promise in court. Second, if a person comes back on advance parole, having originally come with a valid visa of general applicability, they do not fall into that announcement. Finally, the asker leaves before turning 18 - no unlawful presence.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

The USCIS writes its own additions to the existing rules as we all know.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

True, but I had quite a few court victories to know that their additions are not always final. In a good case, they seem to always settle when it comes to the final outcome. That would be a very good case in my opinion.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Whether the client would pay for such litigation is a huge quesiton. I double that.

Asker

Posted

So Mr. Capriotti are you saying if I leave and comeback I will never be able to adjust status ever even if tye pass immigration reform

F. J. Capriotti III

F. J. Capriotti III

Posted

No, that is not what I said and I encourage you to: 1. Read my answers more closely 2. Talk to an immigration lawyer before you apply for Advanced Parole.

Posted

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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