Hello Ms.Gates ! I have DACA and I am wanting to apply for travel to go back to my home country and see my grandma and many other relatives. I would like to plan to go in December. My question is how long is the process to be approved? When would you recommend I put in my application ? and Lastly do I get to choose the amount of days out of the country? Thank you so much, hope to hear from you soon!
Hi, Brisa, in our experience, DACA Advance Parole takes about 3 months for a decision, at least recently that has been the case. Unfortunately, you don't get to choose the dates that your Advance Parole will be valid, but generally it provides a window of two months for travel. I would probably recommend submitting an application in September or so if you want to travel in December, though I could not guarantee how the processing times will work out. Good luck and safe travels!
Hello! Thank you for the informative UA-cam video. If someone enters in the US with Advance parole can he or she adjust as a permanent resident with an employment based petition where visa is immediately available? This Advance Parole is based on with other immigration petition not DACA.
Hi, Shamim, for employment based petitions, it is paramount to demonstrate maintenance of lawful status since your entry. If you are able to show that you have maintained status during your time in the USA, and meet the other criteria for adjustment of status, then that should work.
Hello, My wife has DACA and was approved for AP. We just reentered the USA with no issues with AP. She has no criminal history. The only thing is that her parents might have taken her out of country more than once as a child. We are not sure since her mom can't accurately remember. Either way, we are in the process of adjusting her status since I'm a US citizen (and she's my wife of 5 years).....any recommendations to see if she's had multiple re-entries as a child? (such as an FBI background) Again, we are in the process of adjusting status and are worried that due to her parents possibly taking her to Mexico more than once as a child, will affect her adjustment.....Any advice will be greatly appreciated! Thanks for what you do.
Hello, I am getting my bachelors for speech-language pathology and hearing in 5 months. I am also planning on getting my master's degree . I was wondering if I travel with AP and get my master's degree.. would that potentially help me fix my status? I have heard that it is more likely to get a green card if you become a nurse is that true?
kept my advanced parole document upon entry. They said they had to stamp it and mail it back to USCIS. Is this common practice? I was under the impression I was going to receive back the parole document after they stamped it
Hi, Gabi, This is another great idea for a video. In general, step parents can be eligible for adjustment through a US citizen step child if the marriage that formed the step-parent/step-child relationship took place before the child turned 18 years old. And of course, the applicant needs to verify that they meet the other requirements for adjustment of status - including lawful entry or an exception to the requirement for lawful entry. If we can be of any assistance, please don't hesitate to reach out at jlw.law
Hello! I want to do the travel abroad route. But does it matter if it's a US school that does study abroad or if I apply to a South Korean university for a Masters? Additionally can a language school in S Korea qualify for the study abroad? Or does it have to be a university? What about mission trips? I speak some Japanese and would like to do a missions trip to Japan. Thank you.
Hello, Little Meow Meow, If you are seeking DACA advance parole, you may be able to apply and receive the parole using any of these bases for the request. The adjudication times take almost a year, so it will be important to indicate a start time for your study abroad or mission assignment approximately one year in the future.
Good evening, if we applied for 601A and then do AP can we do 1485 instead? I started 601A, but after they reinstated AP I managed to enter this year with AP. My I130 is approved and 601 A pending
I'm on the process of my I601 i.e gathering paperwork etc .. my attorney said once submitted the wait time is 3-4 years, can can apply for AP while waiting for your I601??
Hello, thank you for this video. I just wanted understand on option of having minors who are US citizens. Did you mean for instance I have DACA and have kids under 21 who were born here and use the AP to travel and back, I could also adjust?
Hello, Thanks for your question. The immigration law allows parents of adult U.S. citizens to adjust status if they entered the USA with “inspection” - meaning permission - and if they don’t have to disqualify criminal or immigration violations. Minor children, unfortunately, are not able to petition for their parents.
Hello! While petitions for adult children of permanent residents must wait many years in the preference system for the opportunity to seek residency, we still recommend DACA advance parole for these beneficiaries if they can get it because of the potential benefits of having a lawful entry.
@@jlw.immigrationlaw Hi :) Thank you so much for your video, it was incredibly well-put and informative. I was able to obtain AP for a lawful entry. Now I am unsure of best path for permanent residency myself with DACA as parents themselves become permanent residents
@@osmirod1 Hello, Congratulations on your DACA AP! If you would like to get specific information about your particular situation, we’d be happy to consult with you to review your case and provide our analysis and recommendations. Please don’t hesitate to reach out to us to schedule; we would be honored to help you understand your case and next steps toward your permanent residence.
Good evening, When applying for advance parole for professional purposes. what documents do we need to provide for evidence? If the meeting is scheduled the first week of December (but can be adjusted) will that I apply under emergency, since the TAT for approval might take time? What do you recommend? thanks!
Hello, Fabiola, Our local USCIS field office in San Antonio, Texas does not process emergency requests for employment-based advance parole, though if you have a different local field office, they may accept these. Otherwise, you have to submit your request far enough in advance to be able to account for the published processing times, which are currently anywhere from 3 - 24 months depending on where your request is processed.
Hi, Jason, In our experience, yes. A person with a final order can request and receive AP, and can travel successfully. However, it’s important to keep in mind that the final order would have to be reopened and terminated with the immigration court before you could become eligible to adjust status - and that might not actually be possible depending on the facts and circumstances of the case. However, the receipt of AP and use for travel should not be a problem. I hope that helps!
Hi I have a question I have Daca I’ve been in the usa for 35 years haven’t seen my grandparents since my grandma died 7 years ago but I still have my grandpa he is not sick thank God and my mom is currently living in Mexico she’s been there for 8 years can I apply for AP? I also have a 20 yr old who is a us citizen can she petition me?
Hi, Alicia, In our experience, having your mom and your grandmother in Mexico should be a good basis for requesting DACA advance parole. Even if your family is in good health, a visit to your mother is typically a strong basis for a humanitarian case. A U.S. citizen child has to be 21 years old to be able to petition for their parent. If we can assist further, we’d be happy to do so!
Hello, thank you for the information. I do have a questions. Does the family member have to be sick? I have an older brother that was deported 10 years ago. Can I apply to go see him with the advanced Parole? Thank you again
Hi, Erika, great question. According to the DACA rules, a family member’s illness is not the only basis for granting advance parole - if an applicant can explain the emotional importance of the visit, then it very well may qualify even when no illness is involved - especially when the people involved are close family members, such as siblings.
How come that option doesn’t exist on the current website? I haven’t seen my sister in 11 years (and never met my nephews or her husband) and haven’t seen all my other family in 20 years. I’d love to go visit but nobody is sick or dead. I’m looking at the instructions for application I-131 and under Humanitarian it only says “to visit a dying family member (with documents proving they are) or to go to a funeral with documents proving that as well.” Sooo I really don’t see anywhere where they’d allow a visit based the reasons you mentioned. Am I looking at the right application?
@@PetiteNomNom, we have had DACA advance parole approved for many people who were not facing such grave circumstances. In our experience, these applications may be approved in many different types of situations, but the applicant must be able to explain the emotional hardship that will be remedied by the approval of the application.
My grandpa in Mexico is sick very bad.. he was in a coma for the past 2 weeks and needs surgery asap from what the doctors have said. He’s afraid to die and he’s 67yrs old. I haven’t seen him since I was 3yrs old do I qualify for advanced parole? I have daca and mine doesn’t end till 2022
Hi, William, if you can get documentation of your grandfather's condition, you may take it to your local USCIS office and ask for an emergency Advance Parole. Two of our clients have been granted emergency travel permits recently. You'll need to take your work permit, $575 for the filing fee for the I-13, and two passport photos. I can't guarantee they'll approve it, but it's worth a try I think.
Hi, Melissa, Definitely. We have several clients in California. Some cases fare best using a local attorney, but many work just fine from outside your state. Immigration law is federal so an attorney licensed in any state can help with an immigration matter.
@@jenniferwalkergates5745 I just wanna know if you’d be able to help me if I have DACA and if I can use AP to have my mother petition for me if I am a child over 21 years of age of a U.S. Citizen (mother). I didn’t see this in your video that’s why I ask here.
@@melissabryden7130 Hi, Melissa, In general, U.S. citizens can petition for adult children; however, you may still be required to consular process and file a waiver because, as an adult child, you’re not considered an “immediate relative of a U.S. Citizen.” Under immigration law, you would be in the “preference system” and the requirements for those individuals are different than for “immediate relatives.” In addition, there are long wait times for many in the preference system depending on what country you are from, whether you are married or single, etc.
Is there still likelyhood of advance parole getting approved by this summer? And will they still let me in if I do get approved to visit countries with high case rates of Covid like Argentina?
Hello, we have been seeing advance parole cases approved in approximately two months. We assume they will allow you to return, but it is very hard to predict at this point what could happen with respect to Covid. Our clients have not had problems returning.
Dear FeuxShin, The times for cases vary from a few months to many years. The approximate time frame for USCIS cases can be checked on their website. I am not sure which kind of case you are inquiring about.
Hello just spoke to a lawyer from NJ and he advised me to not do advanced parole. I am an ICU nurse who’s lived here for the past 25yrs since the age of 4. With no criminal record. He made me feel very uneasy about applying for advanced parole. He said I had a 50/50 shot. I came across your channel and now I’m very confused. Any concrete evidence that I won’t be denied entry? Or does it all fall on the CBP?
Hi, Tania, I am not sure why your attorney would have advised you this way. In our experience, if you have no criminal record, there is generally no problem at all with advance parole. While we can never guarantee that CBP will re-admit you, we have worked with hundreds of clients who have travelled on AP, even several who had removal orders from immigration judges. Perhaps this attorney has had clients who have been denied re-entry?
I went to my USCIS local office. My advance parol was approved same day . I went to mexico on August 2021 . If you don’t have any criminal record you should to apply.
@@jenniferwalkergates5745 matter fact I had a removal order back and 2005, luckily I was able to get Daca and I just went out of the country last month December 2021, and they allowed me to come back and the entire process went very smooth. Hope that helps.
Im a US citizen and my husband who is a Daca recipient considering AP but he has an ilegal entry before 96 and stayed but was deported at 16 and returned illegally and now has DACA. Could he still apply for green card with a legal entry thu a citizen spouse?
Hello, We recommend getting an analysis from a trusted immigration attorney before seeking advance parole or any other status. Depending on the timing of the second entry, a person may still be eligible for adjustment of status. It is also essential to confirm the nature of the “deportation.” It is important to verify that it was, in fact, deportation and not a voluntary departure or voluntary return. It seems likely that the second unlawful entry you describe may have triggered the “permanent bar,” which cannot be overcome through travel with advance parole. Still, a person with the permanent bar may remain eligible for cancellation of removal if there is no prior deportation. We would be happy to discuss the case and provide an assessment of the risks and benefits of applying for advance parole if you would like. walkergatesvela.as.me/WGV.
Hello, While US Citizens are able to file petitions for siblings, these kinds of petitions are in the family preference system and are assigned a priority date, which may take many years (or even decades) to become current and allow the beneficiary to apply for residency. In addition, immigrants filing in the category for siblings of US Citizens are not generally eligible to adjust status, but rather must consular process. We would need to conduct an individualized and thorough assessment of your case to be able to tell you with certainty what your options are, but generally petitions by US Citizens for siblings only work effectively when the beneficiary sibling is living outside the USA until their priority date becomes current.
Hi, Cynthia, This is a great question. This just means that your parole “expires” one day after you use it to enter the USA - you won’t need it then because you’ll have your DACA again at that point. I hope that makes sense. Best of luck and safe travels!
Hello, I have daca. I am 25 years of age. My spouse is 20 and is a US citizen. I already have a legal entry because I did advance parole a few months back. Can my spouse help me obtain residency, adjustment of status? Or does she need to be 21? … If I’m not wrong she just needs to be at least 18 years, please correct me if I’m wrong. Thank you
Requirements For The I-130 Immigrant Visa Petition. NOTE 1: The U.S. citizen may file the I-130 petition for any of the above listed family members provided the U.S. citizen is age 21 or older, except for a spouse where, technically, there is no minimum age.
Hello! I am an adult child of Legal Permanent Resident (F2B category). I recently got my advance parole approved. My dad petitioned for me and my priority date is coming up. Would I qualify for adjustment of status? Thank you!
Additionally, when traveling to Peru with advance parole, am I able to travel in layover flights? Many of the flights are not one way, unfortunately. Thanks so much.
Hi, Valeria, Unfortunately you won’t qualify for adjustment of status - even with the Advance Parole - because the F2B category is in the preference system (which is why you have had to wait so long for your priority date to become current). If you were to be married to a US Citizen, or have a US Citizen adult child, then their petition would be in the “immediate relative” category and your advance parole would probably allow you to adjust your status. I know this is confusing stuff, let me know if I can help with additional questions.
Hi, if your husband is eligible for advance parole, then I imagine he would be able to use it for travel and return. That is how it is supposed to be used.
Hi, Olivia, if you are otherwise eligible for adjustment of status, and your son is a U.S. citizen, then yes, that should work. It will be important to make sure you meet the other requirements, but if you have had only one unlawful entry previously, then travelling with DACA advance parole to see your grandparents should take care of the lawful entry requirement for adjustment purposes.
@@jenniferwalkergates5745 well I was brought here to 🇺🇸 when I was 7 yrs old I’m currently 35 I’ve been here in America since then and I do have all my children born here tomorrow I have my biometric appointment for daca
Hi, Elizabeth, Under the immigration law, a step-parent is treated the same as a biological parent so long as the marriage took place before your 18th birthday. I would recommend that she get a full assessment of her case, but it sounds like she may have a good opportunity to apply for her residency through you.
Hi, Diego, We can’t answer definitively here regarding your family’s specific cases, but in general we can tell you that US citizens are entitled to petition their parents under immigration law - though that does not necessarily mean that the parents will be eligible to complete the process of becoming residents. As for a person with DACA becoming an LPR, that also depends on many factors. In order to get complete and correct advise about your specific case, we recommend scheduling a consultation with WGV or another trusted immigration attorney.
Typically, advance parole works beautifully to allow people back into the USA. Complications can arise when a person has a criminal history or is believed to have committed a crime while outside the USA. People with clean records generally do not have any trouble, in our experience.
@@jlw.immigrationlaw I haven't applied yet but I have a case pending my I -130 but I'm not sure if I could use the advance parole wile waiting on my i-130
@@mayratorres5152 you can file for DACA and DACA Advance Parole even if you have an I-130 pending, yes. They are totally separate cases and one will not harm the other.
So I haven’t seen my family in 15 years, my daca is up to date. Would I be able to get approved for advance parole if in the applications I put that my reason of travel is to visit family visit after 15 years?
Hi, Alex, this is probably a good humanitarian basis for DACA Advance Parole, in our experience. If the family is not immediate, such as siblings or parents, it helps to include a statement about why you would like to visit them/why they are important to you.
After advanced parole is approved , how long does it take to get a green card if you already had a pending status ? My husband is a US citizen I currently have daca . I am waiting for advanced parole to be approved.
The timeline for approval of adjustment of status can vary a lot depending on where you are in the USA. In Central Texas, we see it now taking 12 - 18 months, but that could shift as the pandemic changes. Before Covid, the process was usually less than a year long.
@@jenniferwalkergates5745 I live in California. Another question for the advance parole once is approved how long is the permit to visit a family relative?
@@cynthiarios4036, DACA advance parole is usually valid for about two months. When you file for adjustment of status, if you get advance parole there you'll have it for a year at a time, though one generally should not plan to be gone for that whole time.
I sponsored my sister with her children my main question is that her children is above 20 years old will her children qualify for humanitrian parole they are from afghanistan
Hello, I hope that your sister’s children are able to receive humanitarian parole. My understanding is that USCIS has approved only a small handful of applications for humanitarian parole for Afghan citizens. There is much discussion among advocates of potential lawsuits against the government for failing to approve more of those applications.
Hello, Dariana, This is a great question. We have not tried this approach, so I am not 100% sure it would work, but if you could make the case that your travel to visit your husband’s family would serve a humanitarian purpose, then I think it would be worth a try.
Hi, Rebe, Great question, though it’s not possible to answer without knowing much more about your particular case. Unfortunately, having a successful business in and of itself is not a basis for adjustment of status. But it is one of the many reasons I am so grateful for our immigrant community in the USA - thank you for choosing our country as the place to build your business and home!
@@superinquisitor Hello, In theory, it is possible to obtain status through investment, but if you have ever been in the USA without lawful immigration status, it becomes quite risky to apply for these kinds of visas. Please see our videos with Attorney Matthew Myers on Employment Based immigration options.
The children must be at least 21 years of age to petition a parent for adjustment of status. However, if you only have one prior unlawful entry, then the travel out and back in with advance parole will allow you to be eligible for adjustment when at least one U.S. citizen child turns 21.
@@marys0083 Hello, In a case like this more careful analysis would be required because of the timing of the entries and exits. Congress passed the Illegal Immigration Reform and Responsibility Act in April of 1996, which created the concept of unlawful presence and created legal bars for multiple entries and exits. By October of 1997, you would have probably accrued more than a year of unlawful presence under this new law and triggered a bar. Given how long ago these things occurred, I would recommend a careful analysis of dates to make sure your information is correct before applying for anything.
Hello My mother is an American citizen and she is been sick living without two kidneys with older age and previously has been admitted hospital with seriousness. I have been deported during trump administration with overstay and a dwi charge with ten years bar and already spent 4 years back in my country pakistan .please help me out to go back and visit my sickly mother.help me out how can I visit her.
This video was extremely helpful, thank you!
Thank you for watching!
Other than I485 and I130 is there any other forms I need to summit for the adjustment of status?
Hello Ms.Gates ! I have DACA and I am wanting to apply for travel to go back to my home country and see my grandma and many other relatives. I would like to plan to go in December. My question is how long is the process to be approved? When would you recommend I put in my application ? and Lastly do I get to choose the amount of days out of the country?
Thank you so much, hope to hear from you soon!
Hi, Brisa, in our experience, DACA Advance Parole takes about 3 months for a decision, at least recently that has been the case. Unfortunately, you don't get to choose the dates that your Advance Parole will be valid, but generally it provides a window of two months for travel. I would probably recommend submitting an application in September or so if you want to travel in December, though I could not guarantee how the processing times will work out. Good luck and safe travels!
Daca, lovely, why shut down i love so much.
Very valuable information
Hello! Thank you for the informative UA-cam video. If someone enters in the US with Advance parole can he or she adjust as a permanent resident with an employment based petition where visa is immediately available? This Advance Parole is based on with other immigration petition not DACA.
Hi, Shamim, for employment based petitions, it is paramount to demonstrate maintenance of lawful status since your entry. If you are able to show that you have maintained status during your time in the USA, and meet the other criteria for adjustment of status, then that should work.
Thanks alot this was very helpful
Thank you!
In what State and City are you located?
Hello,
My wife has DACA and was approved for AP. We just reentered the USA with no issues with AP. She has no criminal history. The only thing is that her parents might have taken her out of country more than once as a child. We are not sure since her mom can't accurately remember. Either way, we are in the process of adjusting her status since I'm a US citizen (and she's my wife of 5 years).....any recommendations to see if she's had multiple re-entries as a child? (such as an FBI background) Again, we are in the process of adjusting status and are worried that due to her parents possibly taking her to Mexico more than once as a child, will affect her adjustment.....Any advice will be greatly appreciated! Thanks for what you do.
Hello, I am getting my bachelors for speech-language pathology and hearing in 5 months. I am also planning on getting my master's degree . I was wondering if I travel with AP and get my master's degree.. would that potentially help me fix my status? I have heard that it is more likely to get a green card if you become a nurse is that true?
Do you have any office in orange county?
kept my advanced parole document upon entry. They said they had to stamp it and mail it back to USCIS. Is this common practice?
I was under the impression I was going to receive back the parole document after they stamped it
What country did you visit… also what was the end result.. please advice for future reference.. thank you
I have a question Am I able to adjust status through my stepson? I have daca and got lawful entrie?
Hi, Gabi,
This is another great idea for a video. In general, step parents can be eligible for adjustment through a US citizen step child if the marriage that formed the step-parent/step-child relationship took place before the child turned 18 years old. And of course, the applicant needs to verify that they meet the other requirements for adjustment of status - including lawful entry or an exception to the requirement for lawful entry. If we can be of any assistance, please don't hesitate to reach out at jlw.law
Hello! I want to do the travel abroad route. But does it matter if it's a US school that does study abroad or if I apply to a South Korean university for a Masters? Additionally can a language school in S Korea qualify for the study abroad? Or does it have to be a university? What about mission trips? I speak some Japanese and would like to do a missions trip to Japan. Thank you.
Hello, Little Meow Meow,
If you are seeking DACA advance parole, you may be able to apply and receive the parole using any of these bases for the request. The adjudication times take almost a year, so it will be important to indicate a start time for your study abroad or mission assignment approximately one year in the future.
Good evening, if we applied for 601A and then do AP can we do 1485 instead? I started 601A,
but after they reinstated AP I managed to enter this year with AP. My I130 is approved and 601 A pending
Yes you can🙂
You don’t need waiver 601a if you’re now applying for 1485
I'm on the process of my I601 i.e gathering paperwork etc .. my attorney said once submitted the wait time is 3-4 years, can can apply for AP while waiting for your I601??
Hello, thank you for this video. I just wanted understand on option of having minors who are US citizens. Did you mean for instance I have DACA and have kids under 21 who were born here and use the AP to travel and back, I could also adjust?
Hello,
Thanks for your question. The immigration law allows parents of adult U.S. citizens to adjust status if they entered the USA with “inspection” - meaning permission - and if they don’t have to disqualify criminal or immigration violations. Minor children, unfortunately, are not able to petition for their parents.
What about the son of a permanent resident that is 21+ years old? (28 yrs)
Hello!
While petitions for adult children of permanent residents must wait many years in the preference system for the opportunity to seek residency, we still recommend DACA advance parole for these beneficiaries if they can get it because of the potential benefits of having a lawful entry.
@@jlw.immigrationlaw
Hi :)
Thank you so much for your video, it was incredibly well-put and informative.
I was able to obtain AP for a lawful entry. Now I am unsure of best path for permanent residency myself with DACA as parents themselves become permanent residents
@@osmirod1 Hello,
Congratulations on your DACA AP! If you would like to get specific information about your particular situation, we’d be happy to consult with you to review your case and provide our analysis and recommendations. Please don’t hesitate to reach out to us to schedule; we would be honored to help you understand your case and next steps toward your permanent residence.
My husband case is u visa year 2015 October, case is approved, approval letter not came ,
Is AOS allowed from any state in US when having legal entry from AP (DACA)?
Hi, Alejandro,
Yes, since immigration law is federal, it is applied the same way in all states and U.S. territories.
For the educational reasons it has to be with our current school? It can't be a school we are trending there?
Hi, Mikoto,
I believe that attending school outside the USA could serve as a valid basis to apply for and receive DACA advance parole.
Good evening, When applying for advance parole for professional purposes. what documents do we need to provide for evidence? If the meeting is scheduled the first week of December (but can be adjusted) will that I apply under emergency, since the TAT for approval might take time? What do you recommend? thanks!
Hello, Fabiola,
Our local USCIS field office in San Antonio, Texas does not process emergency requests for employment-based advance parole, though if you have a different local field office, they may accept these. Otherwise, you have to submit your request far enough in advance to be able to account for the published processing times, which are currently anywhere from 3 - 24 months depending on where your request is processed.
Can a person with final order be able to use AP? Thanks
Hi, Jason,
In our experience, yes. A person with a final order can request and receive AP, and can travel successfully. However, it’s important to keep in mind that the final order would have to be reopened and terminated with the immigration court before you could become eligible to adjust status - and that might not actually be possible depending on the facts and circumstances of the case. However, the receipt of AP and use for travel should not be a problem. I hope that helps!
Hi I have a question I have Daca I’ve been in the usa for 35 years haven’t seen my grandparents since my grandma died 7 years ago but I still have my grandpa he is not sick thank God and my mom is currently living in Mexico she’s been there for 8 years can I apply for AP? I also have a 20 yr old who is a us citizen can she petition me?
Hi, Alicia,
In our experience, having your mom and your grandmother in Mexico should be a good basis for requesting DACA advance parole. Even if your family is in good health, a visit to your mother is typically a strong basis for a humanitarian case. A U.S. citizen child has to be 21 years old to be able to petition for their parent. If we can assist further, we’d be happy to do so!
Help me about my mistakes ?please?wait, l am on processing.
Hello! Our team will be happy to help. Please make an appointment here: jlw.as.me/schedule.php
What about adjusting thru labor certification? It's not mentioned
Hello, Bryan,
Adjusting through labor certification is possible, but it is not a case type that we currently handle in our office.
Hello, thank you for the information. I do have a questions. Does the family member have to be sick? I have an older brother that was deported 10 years ago. Can I apply to go see him with the advanced Parole? Thank you again
Hi, Erika, great question. According to the DACA rules, a family member’s illness is not the only basis for granting advance parole - if an applicant can explain the emotional importance of the visit, then it very well may qualify even when no illness is involved - especially when the people involved are close family members, such as siblings.
How come that option doesn’t exist on the current website? I haven’t seen my sister in 11 years (and never met my nephews or her husband) and haven’t seen all my other family in 20 years. I’d love to go visit but nobody is sick or dead. I’m looking at the instructions for application I-131 and under Humanitarian it only says “to visit a dying family member (with documents proving they are) or to go to a funeral with documents proving that as well.” Sooo I really don’t see anywhere where they’d allow a visit based the reasons you mentioned. Am I looking at the right application?
@@jenniferwalkergates5745 ^^^
@@PetiteNomNom, we have had DACA advance parole approved for many people who were not facing such grave circumstances. In our experience, these applications may be approved in many different types of situations, but the applicant must be able to explain the emotional hardship that will be remedied by the approval of the application.
My grandpa in Mexico is sick very bad.. he was in a coma for the past 2 weeks and needs surgery asap from what the doctors have said. He’s afraid to die and he’s 67yrs old. I haven’t seen him since I was 3yrs old do I qualify for advanced parole? I have daca and mine doesn’t end till 2022
Hi, William, if you can get documentation of your grandfather's condition, you may take it to your local USCIS office and ask for an emergency Advance Parole. Two of our clients have been granted emergency travel permits recently. You'll need to take your work permit, $575 for the filing fee for the I-13, and two passport photos. I can't guarantee they'll approve it, but it's worth a try I think.
Do you also help in the state of California?
Hi, Melissa,
Definitely. We have several clients in California. Some cases fare best using a local attorney, but many work just fine from outside your state. Immigration law is federal so an attorney licensed in any state can help with an immigration matter.
@@jenniferwalkergates5745 I just wanna know if you’d be able to help me if I have DACA and if I can use AP to have my mother petition for me if I am a child over 21 years of age of a U.S. Citizen (mother). I didn’t see this in your video that’s why I ask here.
@@melissabryden7130 Hi, Melissa,
In general, U.S. citizens can petition for adult children; however, you may still be required to consular process and file a waiver because, as an adult child, you’re not considered an “immediate relative of a U.S. Citizen.” Under immigration law, you would be in the “preference system” and the requirements for those individuals are different than for “immediate relatives.” In addition, there are long wait times for many in the preference system depending on what country you are from, whether you are married or single, etc.
Question ? Would I be allowed to use advance parole to see my grandmother that I haven’t seen in years ?
Hi, Ana, I think so!
How about IFF I never seen my dad and what to go see him I'm 38 I probably haven seen him since I was like 5 or 6
Hello Jesus! Typically, in our experience, that is a good reason, you just need to make sure your request is well documented.
Is there still likelyhood of advance parole getting approved by this summer? And will they still let me in if I do get approved to visit countries with high case rates of Covid like Argentina?
Hello, we have been seeing advance parole cases approved in approximately two months. We assume they will allow you to return, but it is very hard to predict at this point what could happen with respect to Covid. Our clients have not had problems returning.
@@jenniferwalkergates5745 Thanks Jennifer for getting back to me. Appreciate the feedback
How long is a long time for close relatives like parents?
Dear FeuxShin,
The times for cases vary from a few months to many years. The approximate time frame for USCIS cases can be checked on their website. I am not sure which kind of case you are inquiring about.
Hello just spoke to a lawyer from NJ and he advised me to not do advanced parole. I am an ICU nurse who’s lived here for the past 25yrs since the age of 4. With no criminal record. He made me feel very uneasy about applying for advanced parole. He said I had a 50/50 shot.
I came across your channel and now I’m very confused. Any concrete evidence that I won’t be denied entry? Or does it all fall on the CBP?
Hi, Tania,
I am not sure why your attorney would have advised you this way. In our experience, if you have no criminal record, there is generally no problem at all with advance parole. While we can never guarantee that CBP will re-admit you, we have worked with hundreds of clients who have travelled on AP, even several who had removal orders from immigration judges. Perhaps this attorney has had clients who have been denied re-entry?
I went to my USCIS local office. My advance parol was approved same day . I went to mexico on August 2021 . If you don’t have any criminal record you should to apply.
@@jenniferwalkergates5745 matter fact I had a removal order back and 2005, luckily I was able to get Daca and I just went out of the country last month December 2021, and they allowed me to come back and the entire process went very smooth. Hope that helps.
@@karinaflores903 how many days did they give you ? Please advice I’m trying to visit family member that has diabetes
@@mauriciogaona6695 30 days . My father primary Dr. Gave him the letter, he has diabetes too.
Im a US citizen and my husband who is a Daca recipient considering AP but he has an ilegal entry before 96 and stayed but was deported at 16 and returned illegally and now has DACA. Could he still apply for green card with a legal entry thu a citizen spouse?
Hello,
We recommend getting an analysis from a trusted immigration attorney before seeking advance parole or any other status. Depending on the timing of the second entry, a person may still be eligible for adjustment of status. It is also essential to confirm the nature of the “deportation.” It is important to verify that it was, in fact, deportation and not a voluntary departure or voluntary return. It seems likely that the second unlawful entry you describe may have triggered the “permanent bar,” which cannot be overcome through travel with advance parole. Still, a person with the permanent bar may remain eligible for cancellation of removal if there is no prior deportation. We would be happy to discuss the case and provide an assessment of the risks and benefits of applying for advance parole if you would like. walkergatesvela.as.me/WGV.
Hey there! Question, could I qualify for adjustment of status if I have an older sibling that is a US Citizen? I have daca but she was born in the US.
Hello,
While US Citizens are able to file petitions for siblings, these kinds of petitions are in the family preference system and are assigned a priority date, which may take many years (or even decades) to become current and allow the beneficiary to apply for residency. In addition, immigrants filing in the category for siblings of US Citizens are not generally eligible to adjust status, but rather must consular process. We would need to conduct an individualized and thorough assessment of your case to be able to tell you with certainty what your options are, but generally petitions by US Citizens for siblings only work effectively when the beneficiary sibling is living outside the USA until their priority date becomes current.
Hi there, I just got my advanced parole approved. But I’m confused where it says parole period valid until one day. What does this means?
Hi, Cynthia,
This is a great question. This just means that your parole “expires” one day after you use it to enter the USA - you won’t need it then because you’ll have your DACA again at that point. I hope that makes sense. Best of luck and safe travels!
@@jenniferwalkergates5745 can I travel with my children and husband with my advanced parole?
Hello, I have daca. I am 25 years of age. My spouse is 20 and is a US citizen. I already have a legal entry because I did advance parole a few months back. Can my spouse help me obtain residency, adjustment of status? Or does she need to be 21? … If I’m not wrong she just needs to be at least 18 years, please correct me if I’m wrong. Thank you
Requirements For The I-130 Immigrant Visa Petition. NOTE 1: The U.S. citizen may file the I-130 petition for any of the above listed family members provided the U.S. citizen is age 21 or older, except for a spouse where, technically, there is no minimum age.
Hello! I am an adult child of Legal Permanent Resident (F2B category). I recently got my advance parole approved. My dad petitioned for me and my priority date is coming up. Would I qualify for adjustment of status? Thank you!
Additionally, when traveling to Peru with advance parole, am I able to travel in layover flights? Many of the flights are not one way, unfortunately. Thanks so much.
Hi, Valeria,
Unfortunately you won’t qualify for adjustment of status - even with the Advance Parole - because the F2B category is in the preference system (which is why you have had to wait so long for your priority date to become current). If you were to be married to a US Citizen, or have a US Citizen adult child, then their petition would be in the “immediate relative” category and your advance parole would probably allow you to adjust your status. I know this is confusing stuff, let me know if I can help with additional questions.
Can my husband travel take advance parole ,and go again usa
Hi, if your husband is eligible for advance parole, then I imagine he would be able to use it for travel and return. That is how it is supposed to be used.
One question let’s say I do travel to see my grandparents that I have been seen for 23 yrs and once my son turns 21 he can request me
Hi, Olivia, if you are otherwise eligible for adjustment of status, and your son is a U.S. citizen, then yes, that should work. It will be important to make sure you meet the other requirements, but if you have had only one unlawful entry previously, then travelling with DACA advance parole to see your grandparents should take care of the lawful entry requirement for adjustment purposes.
@@jenniferwalkergates5745 well I was brought here to 🇺🇸 when I was 7 yrs old I’m currently 35 I’ve been here in America since then and I do have all my children born here tomorrow I have my biometric appointment for daca
@@oliviavillanueva3937 Good luck!
@@isabelangel217 no unlawful entries I came in when I was 7 years old I’ve been here my entire life
My stepmom holds a Daca, I'm 23 , US citizen, can I file 1-130 for resident card. She marry my dad when I was 10.
Hi, Elizabeth,
Under the immigration law, a step-parent is treated the same as a biological parent so long as the marriage took place before your 18th birthday. I would recommend that she get a full assessment of her case, but it sounds like she may have a good opportunity to apply for her residency through you.
My brother just became a 🇺🇸 citizen he petition my parents
I am disabled and have daca
Can I become a lpr?
Hi, Diego,
We can’t answer definitively here regarding your family’s specific cases, but in general we can tell you that US citizens are entitled to petition their parents under immigration law - though that does not necessarily mean that the parents will be eligible to complete the process of becoming residents. As for a person with DACA becoming an LPR, that also depends on many factors. In order to get complete and correct advise about your specific case, we recommend scheduling a consultation with WGV or another trusted immigration attorney.
My advanced parole got approved today , is there any reason why I wouldn’t be able to enter back into the U.S?
Typically, advance parole works beautifully to allow people back into the USA. Complications can arise when a person has a criminal history or is believed to have committed a crime while outside the USA. People with clean records generally do not have any trouble, in our experience.
Thank you I feel much better now , I have a clean record and have been in the USA since the age of 7
Cesar out of curiosity how long did it take for you to get approved?
@@mrcesar3233 how long did it take to get approved?
@@juancarlossoriano6935 It took a week for my appointment to be scheduled and when I went it got approved the next day
Can this parole be uses this moth I'm trying to fix my document threw my husband can I insert the parole as an 04 /2021
Hi, Mayra, I'm not sure how to answer your question - have you submitted your application for DACA advance parole? Has it been approved?
@@jlw.immigrationlaw I haven't applied yet but I have a case pending my I -130 but I'm not sure if I could use the advance parole wile waiting on my i-130
@@mayratorres5152 you can file for DACA and DACA Advance Parole even if you have an I-130 pending, yes. They are totally separate cases and one will not harm the other.
Mam please tell me i am so worried
So I haven’t seen my family in 15 years, my daca is up to date. Would I be able to get approved for advance parole if in the applications I put that my reason of travel is to visit family visit after 15 years?
Hi, Alex, this is probably a good humanitarian basis for DACA Advance Parole, in our experience. If the family is not immediate, such as siblings or parents, it helps to include a statement about why you would like to visit them/why they are important to you.
After advanced parole is approved , how long does it take to get a green card if you already had a pending status ? My husband is a US citizen I currently have daca . I am waiting for advanced parole to be approved.
The timeline for approval of adjustment of status can vary a lot depending on where you are in the USA. In Central Texas, we see it now taking 12 - 18 months, but that could shift as the pandemic changes. Before Covid, the process was usually less than a year long.
@@jenniferwalkergates5745 I live in California. Another question for the advance parole once is approved how long is the permit to visit a family relative?
@@cynthiarios4036, DACA advance parole is usually valid for about two months. When you file for adjustment of status, if you get advance parole there you'll have it for a year at a time, though one generally should not plan to be gone for that whole time.
I sponsored my sister with her children my main question is that her children is above 20 years old will her children qualify for humanitrian parole they are from afghanistan
Hello,
I hope that your sister’s children are able to receive humanitarian parole. My understanding is that USCIS has approved only a small handful of applications for humanitarian parole for Afghan citizens. There is much discussion among advocates of potential lawsuits against the government for failing to approve more of those applications.
If I dont have family back in my home country but my husband does, can I use them as a reason to apply for advanced parole?
Hello, Dariana,
This is a great question. We have not tried this approach, so I am not 100% sure it would work, but if you could make the case that your travel to visit your husband’s family would serve a humanitarian purpose, then I think it would be worth a try.
How are you
Hello! Could I qualify for status adjustment if I’m a business owner? My company makes about $1M a year
Hi, Rebe,
Great question, though it’s not possible to answer without knowing much more about your particular case. Unfortunately, having a successful business in and of itself is not a basis for adjustment of status. But it is one of the many reasons I am so grateful for our immigrant community in the USA - thank you for choosing our country as the place to build your business and home!
@@superinquisitor Hello,
In theory, it is possible to obtain status through investment, but if you have ever been in the USA without lawful immigration status, it becomes quite risky to apply for these kinds of visas. Please see our videos with Attorney Matthew Myers on Employment Based immigration options.
So if I travel in advance parole and back to the US I have 2 children (under 21) that are US citizens.
Can I request status adjustment through them?
The children must be at least 21 years of age to petition a parent for adjustment of status. However, if you only have one prior unlawful entry, then the travel out and back in with advance parole will allow you to be eligible for adjustment when at least one U.S. citizen child turns 21.
@@jenniferwalkergates5745 what about if i have two entries one in 1994 departed on 1997 Oct came back to usa 1999 sep do i qualify for aos ?
@@marys0083 Hello,
In a case like this more careful analysis would be required because of the timing of the entries and exits. Congress passed the Illegal Immigration Reform and Responsibility Act in April of 1996, which created the concept of unlawful presence and created legal bars for multiple entries and exits. By October of 1997, you would have probably accrued more than a year of unlawful presence under this new law and triggered a bar. Given how long ago these things occurred, I would recommend a careful analysis of dates to make sure your information is correct before applying for anything.
@@jenniferwalkergates5745 even if I did advance parole. Thanks in advance
Hello mam
Hello
My mother is an American citizen and she is been sick living without two kidneys with older age and previously has been admitted hospital with seriousness. I have been deported during trump administration with overstay and a dwi charge with ten years bar and already spent 4 years back in my country pakistan .please help me out to go back and visit my sickly mother.help me out how can I visit her.