DON’T TRAVEL OUTSIDE THE U.S. ON ADVANCE PAROLE, IF YOU HAVE
DACA, TPS OR ARE APPLYING TO ADJUST YOUR STATUS!!!
A new decision by the Board of Immigration Appeals may now result in very harsh immigration consequences for people with TPS, DACA or a pending application to adjust their status and become lawful permanent residents, and who travel on advance parole.
Advance parole authorizes travel outside the U.S. for these individuals, who have legal status in the U.S., but who are not yet lawful permanent residents. Yesterday, the Board of Immigration Appeals (“BIA”) decided a case called Matter of Delcarmen-Lara, which stripped immigrants of the protections previously afforded them by travel on advance parole. As a result if such a person travels outside the U.S. on advance paroled, upon their return to the U.S., DHS may deny them admission to the U.S.. They may turn them back to the country they came from; subject them to expedited removal; or hold them in detention and place them into deportation-removal proceedings. This new decision eliminates the protections which traveling outside the U.S., under advance parole, after accruing unlawful presence, or after the entry of a deportation - removal order, which previous BIA decisions provided. These individuals may now be found to have triggered bars which render them “inadmissible” to the U.S., or to have “self deported.”
Going forward, this new decision will now prevent non-citizens who entered the U.S. without inspection, i.e. who crossed the border unlawfully into the U.S. without being formally inspected and admitted, or paroled, into the U.S., from using their travel on advance parole as an “admission” to qualify them to apply to adjust their status. Instead, travel on advance parole, after having accrued unlawful presence, will function like a “trap” and render the person inadmissible to the U.S. In addition, if the person had a previously entered deportation – removal order, and then travels on advance parole, that person’s removal order will now be deemed to have been “executed”, the person will be found to have deported themselves, and they will be rendered inadmissible to the United States.
This new decision will cause great, unnecessary, hardship in our immigrant community. It will result in individuals who have resided in the U.S. for long periods of time under the protections of DACA and TPS, and who then travel with advance parole due to a family emergency, being denied admission to the U.S. or placed into deportation – removal proceedings. It may result in many years of separation from family and business ties here in the U.S., and require the person to apply for, and be granted, waivers of inadmissibility before they may be able to return lawfully to the United States. This is a long and costly process, and the family separation that results from triggering these traps results in unnecessary suffering and hardship.
So remember, before you or someone you love travels outside the U.S. on a grant of advance parole, be sure to have the person’s individual immigration history reviewed by an experienced immigration lawyer, to determine the likely consequences of traveling. If you do so, you may save yourself, or that person, a great deal of heartache.
The only good thing about the BIA’s Delcarmen- Lara decision is that its new rules will only be applied to individuals who travel with advance parole after the date of that decision.
If you have any questions about travel on advance parole; the process of petitioning someone to become lawful permanent resident; waivers of inadmissibility, or other immigration or criminal law related matters, please feel free to call our office to schedule a consultation. These are very tough and frightening times for all immigrants – documented or not. Please know that your friends at the Terezakis Law Firm, PLLC, are here to help you. We look forward to hearing from you.
By: George A. Terezakis