Green Card Update: Major Immigration Change in DACA Travel Protections
Traveling abroad could leave DACA recipients open to being barred from the U.S. for three or 10 years, per a new DOJ ruling.
A recent U.S. immigration ruling could impact the travel rights of Deferred Action for Childhood Arrivals (DACA) holders and other immigrants relying on advance parole for green card applications. The Board of Immigration Appeals overturned its 2012 decision that protected illegal immigrants brought to the U.S. as children from triggering unlawful presence bars when traveling abroad on advance parole.
The new ruling suggests that a trip outside the U.S. using advance parole may now qualify as a departure under immigration law, potentially exposing some applicants to three- and ten-year bars. This decision, Matter of Delcarmen-Lara, marks a significant shift in immigration policy and may have far-reaching consequences for DACA recipients and other immigrants.
Advise DACA holders to carefully assess the potential immigration implications of travel and consult with legal professionals before making plans.
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