The DACA program offers immigrant youth a number of benefits: it can stop deportation and you can get a work permit. \u00a0With a work permit, you can get a social security number and a better job \u2013 all without fear of being deported. \u00a0But DACA also offers a lesser known benefit. \u00a0Under the terms of the \u201cAdvance Parole\u201d program (and the right personal circumstances), a DACA recipient can travel outside the United States for humanitarian, employment or educational reasons, and return to the U.S . \u00a0Upon return, the immigrant is considered an \u201carriving alien\u201d and is also considered to have entered the U.S. legally without triggering the Unlawful Presence (ULP) Bar. \u00a0With a legal entry into the U.S., opportunities can surface.<\/p>\n
Our client had previously been to a number of other offices and was routinely told that although he was married to a U.S citizen for many years, he could not get a green card<\/i> without applying for an ULP waiver (also known as a 601A), a process that could take several years. \u00a0After retaining this Office, we developed a multi-step strategy particular to his circumstances in which we were confident that there was a great chance for success. \u00a0<\/p>\n
After obtaining DACA status, we applied for Advance Parole so our Client could visit with a sick relative. \u00a0The Parole was granted and our Client, his wife, and another family were off to Tijuana to visit family. \u00a0But unexpected trouble lay ahead.<\/p>\n
When he was returning to the U.S. in the vehicular lanes, our Client presented his Advance Parole document to the Border Patrol Officer. \u00a0Rather than ordering our Client to Secondary Inspection, so he could get his documentation stamped, the Officer simply told our Client to enter the U.S., and no stamp was provided. \u00a0Thus, although we had proof of permission to travel and return to the U.S, we had no stamps to show that he legally entered the U.S.<\/p>\n
Undaunted, and armed with the logic, we applied for legal residency based upon the marriage to the U.S. citizen and the legal entry. \u00a0During this process, the government required proof of the legal entry. We presented the \u201cadvance parole\u201d authorization and our Client\u2019s detailed statement as to how, when and where he entered the U.S. with the \u201cadvance parole.\u201d<\/p>\n
At the interview, and for reasons that are unclear, the Officer was skeptical of the our explanation of the manner of last entry. \u00a0The Officer reasoned that if a person enters with \u201cAdvance Parole,\u201d he is automatically sent to Secondary Inspection. \u00a0And, the Officer reasoned, the fact that our Client was not sent to Secondary Inspection is evidence that he is not telling the truth, and really entered the U.S. illegally. \u00a0I argued that reasoning is illogical \u2013 why would someone enter illegally if they had permission to enter legally. \u00a0And why is it not likely that the Border Patrol simply made an error \u2013 an error that now has the potential to deny my client his green card<\/i>.<\/p>\n
At the end of the interview, the Officer said she would review the matter with the Supervisor. \u00a0Before leaving, I quickly asked if the Officer would consider accepting additional documents. \u00a0She said yes \u2013 but only if she gets them in the next 2 days.<\/p>\n
Back to the Office we raced. \u00a0I quickly prepared a detailed statement for the U.S. citizen spouse to sign, and detailed statements from the family that was travelling with our Client to sign. \u00a0We also added photographs of the trip and hotel receipts. \u00a0With the family\u2019s help, all these documents were filed the next day with the Officer. And then the waiting began.<\/p>\n
Three weeks later we received the happy news \u2013 the case was approved. \u00a0A Border Patrol error almost cost my Client his future. \u00a0Only strong and persistent advocacy changed a potential disaster into a bright future.<\/p>\n","protected":false},"excerpt":{"rendered":"
The DACA program offers immigrant youth a number of benefits: it can stop deportation and you can get a work permit. \u00a0With a work permit, you can get a social security number and a better job \u2013 all without fear of being deported. \u00a0But DACA also offers a lesser known benefit. \u00a0Under the terms of […]<\/p>\n","protected":false},"author":878,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30,22,26],"tags":[],"class_list":["post-70","post","type-post","status-publish","format-standard","hentry","category-deportation-removal-detention","category-green-cards","category-stories"],"acf":[],"yoast_head":"\n