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.
The Board of Immigration Appeals at the Department of Justice has overturned its 2012 ruling regarding advance parole travel for Deferred Action for Childhood Arrivals (DACA) recipients and other immigrants. This decision could significantly impact the green card process for those who have relied on advance parole travel as part of their path to lawful permanent residency.
The board held that a trip outside the United States using advance parole could still be considered a departure under immigration law, potentially exposing some applicants to the three- and 10-year bars from the U.S. when seeking admission or adjustment of status. This policy change, known as Matter of Delcarmen-Lara, marks one of the most consequential immigration policy shifts affecting advance parole travel in more than a decade and is likely to draw close scrutiny from immigration attorneys and advocacy groups.
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