Florida Immigration Attorneys

DACA, Removal Proceedings and Travel Outside the US

The Department of Homeland Security has provided guidance and they are in the process of continuing to provide guidance by way of policy memorandum and regulations for the Deferred Action for Childahood Arrivals (DACA). The information that follows is from the Department of Homeland Security websites for the Citizenship and Immigration services "CIS" and the Immigration and Customs Enforcement "ICE".

People who are not detained may submit a deferred action request to CIS even if they are in removal proceedings currently or have a final order of removal. The request should include evidence that they are otherwise eligible under the deferred action criteria.

Deferred action if granted, will be terminated if you travel outside the United States without first receiving advance permission from CIS. The application for advance permission to travel is known as advanced parole. The regulations for applying for the advance parole are currently being finalized by CIS and the regulations will be incorporated into the application for advance parole. Before the new instructions are implemented should you have a compelling need to travel outside the United States, related to current employment, education, or humanitarian purposes, a letter may be submitted with the application for advance parole explaining the compelling need to travel.

As decided by the Board of immigration appeals in the Matter of Yerrabelly, 25 I&N Dec 771 (BIA 2012) a departure under advanced parole does not trigger the inadmissibility ground due to a bar based on unlawful presents under INA 212(a)(9)(B)(i)(II).