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Is there any immigration benefit from University , Employment Based Visa or any other category? Im in the USA with expired visa

Chapel Hill, NC |

Came to the US in 2003 with a VISA- Tourist and overstayed.
I was Granted DACA in 2012.
Pursuing a bachelors at at University of North Carolina.
Looking to see what options if any , are there for me Perhaps after i travel with advanced parole? Thanks a lot for your help!

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Attorney answers 4


According to the Secretary of Homeland Security DACA does not confer status. If you travel on advance parole in theory you will be paroled back into the US in DACA classification. There maybe an argument that you may be permitted to change to another status nut that is what it is an argument.

Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.


For certain travel reasons, you may apply for advanced parole if you are a deferred action (DACA) recipient. I suggest you speak with an experienced immigration attorney regarding other long-term options.

The posting above is for informational purposes only.


No. Not for you.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


As my colleagues stated, it is not certain if departing the US and returning on advance parole will allow you to apply for and receive an immigration status. As you know, DACA is a deferment of removal during the period of DACA status. Because you entered the US legally, you may have a family based immigration option available if you have a qualifying relative. Congratulations on attending UNC!

The comments made on this site by Brenman Law Firm, PLLC of Chapel Hill, North Carolina are not legal advice. This information is provided as a public service and is intended as general guidance only. We require an initial consultation and a signed retainer agreement before we represent our clients.