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hey friends i'm jennifer walker gates board certified immigration attorney in austin texas and i'm here today to talk to you about daca advanced parole and how to use daca advanced parole to get residency now this is really important because again daca has been reopened forcibly by the u.s court system which we're so grateful for in this day and age after president trump tried for several years to end daca he was ordered directly by several courts and finally was forced to comply with those orders uh to reinstate daca to its full glory as it was when president obama first announced the program now daca originally included the benefit of advance parole as an opportunity for people who had received daca to travel internationally and so what i want to talk to you about today is what is advanced parole how does it work what is required and if you get advanced parole with daca how you can use that in some certain certain situations to become eligible for what's called adjustment of status adjustment of status is when you apply for and become a resident inside the united states you no longer have to require request a waiver or travel to sierra juarez or any other consulate from around the world to become a resident you get to apply and finish the process in the united states at a local uscis office if you qualify for adjustment of status so i want to show you now my screen and talk about daca and advanced parole so um first let's say what is advanced parole advanced parole is an advanced permission to travel internationally and return to the united states it is a letter that is sent to the person who qualifies by uscis it has a photograph and it says specifically that during this particular window of time this person has authorization to travel outside the united states and come back legally travel on advanced parole does not trigger bars unlike all other kinds of traveling outside the united states if you have been in the united states without status which most people who have daca that was a requirement for them to be able to get daca is that they were here without lawful status so if you have daca and you have been in the united states without lawful status for six months or more if you leave the united states most of the time you're going to trigger a bar however under a case um called matter of arrow belly and yara valley which is kind of a funny name but arabella yarabelli says that travel on advanced parole is different because you've specifically requested the opportunity to leave and return with that document it's kind of like having a rope tied around you as you float out outside the border it's kind of like a space walk it is not the same as a regular departure from the united states so traveling on advanced parole internationally does not trigger inadmissibility bars that then require you to get a waiver before you come back and entering the united states with advanced parole is a lawful entry it qualifies as a lawful entry under the immigration nationality act section 245 a which is the section that deals with adjustment of status now the requirements to apply for and receive i'm going to move my image up here so y'all can see the um words requirements to qualify for daca advanced parole first you gotta have daca and it has to be current and valid so if you haven't gotten daca yet definitely need to get that in place first and then apply for advanced parole um in addition if you're going to apply for advanced parole you have to have one of these three reasons number one an educational reason it could be that you're going to take a course that you've been accepted to a study abroad program that you're going to do field research if you're in some kind of college program that requires you to go outside the united states and study and talk to people do some interviews go make some scientific findings whatever it may be those would be educational and educational purpose for travel that is one option for getting daca advanced parole number two a professional reason perhaps your work is um scheduled a trip maybe there's a conference perhaps they want you to take a training it may be that you have client meetings professional reasons do qualify for advanced parole with daca and finally humanitarian you may have immediate family members outside the united states that you haven't seen in a long time this may include grandparents it may include cousins uncles siblings parents typically you do have to show some kind of familial relationship with a person or something substantially similar maybe you were raised by a particular individual before you came to the united states and you haven't been able to see them for a long time perhaps they're sick perhaps this may be your last opportunity to see them there needs to be something of a compelling humanitarian reason to be approved um under this category of daca advanced parole but um in our experience at walker gates fella most people who have fly and have requested this type of advanced parole for daca have been approved so now once you go outside the united states and then return with daca advanced parole how do you qualify for adjustment of status not everyone is going to qualify just because they traveled however that travel and return that lawful return does create an opportunity if you are at that moment or later become the spouse of a u.s citizen if you are the spouse of a u.s citizen and you have that one exit and entry now it can't be more than uh you can't have multiple unlawful entries as a child or even as an adult those kinds of unlawful entries will create a permanent bar and unfortunately daca advance parole won't get you beyond that but if you've only ever had one unlawful entry in the past then you use the daca advance parole and you're the spouse of u.s citizen you can apply for adjustment of status parents of adult us citizens if you happen to have a child who's 21 years or older and you have traveled outside the united states on advanced parole and you don't have other bars or inadmissibilities that 21 year old u.s citizen child can petition for you to get adjustment of status finally minor children of u.s citizens um can also if they're under 21 and they've traveled on advanced parole and come in on advanced parole and don't have other bars or any misabilities minor children of us citizens can also apply for adjustment of status now for spouses of lawful permanent residents and minor children of lawful permanent residents the same is true if after they return um with their advanced parole they maintain lawful status in the united states including daca they keep their daca always intact and those individuals may also qualify for adjustment of status now it's going to be important to make sure that you don't have other enemies abilities or complications in your case before applying for adjustment of status but in general um these are the rules of the game when it comes to daca advanced parole if we are able to help you at walker gates bella analyze your eligibility for daca for doc advance parole or apply for any of these programs we would be happy to do so please contact us regarding a consultation um leave us comments below the video let us know if you like it share it with friends we hope that this has helped and we look forward to seeing you in our next video [Music] [Applause] [Music] [Applause] so you