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The Power of Advance Parole for DACA Recipients: Securing a Green Card Through Marriage

For DACA recipients, traveling on advance parole can be a key step in securing a green card within the United States. Advance parole, a mechanism that permits individuals to reenter the US after leaving for specific purposes, holds immense potential for DACA recipients who entered the country without permission. 

In applying for advance parole, DACA recipients seek permission to leave the US for education, employment, or humanitarian reasons, such as visiting sick relatives abroad.. The documentation required for this advance parole application depends upon your reason for travel. If, for example, someone is applying to visit a sick family member, they would need to provide evidence of the familial relationship, medical records, and personal letters detailing the significance and urgency of the visit. While the standard processing time for advance parole applications can range from 4 to 8 months, emergency requests are also available for urgent situations, with adjudication varying based on the applicant’s location.

Upon receiving approval for advance parole, DACA recipients can leave the US and then re-enter the country with permission. The re-entry with advance parole signifies a lawful admission, addressing the essential requirement for lawful entry when applying for a green card. This eliminates the necessity of leaving the US for green card processing and represents a significant milestone in the journey toward securing lawful permanent residency within the country.

It is important to underscore that advance parole is not a one-size-fits-all solution. DACA recipients considering this process are encouraged to seek legal counsel to ascertain their eligibility and ensure that they meet all requirements. Individuals with a history of criminal or immigration-related issues should exercise prudence and consult an experienced immigration attorney to navigate potential challenges and complexities.

In essence, traveling on advance parole is often a key first step in securing a green card for DACA recipients. Upon successfully reentering the US with advance parole, DACA recipients married to U.S. citizens can then embark on the green card application process, demonstrating the legitimacy of their marital relationship and their eligibility for permanent residency.

To succeed in this endeavor, DACA recipients are advised to maintain open communication with their immigration attorney, ensuring proactive compliance with all necessary steps and requirements. With the careful navigation of the advance parole process, DACA recipients can realize the potential for stability, security, and a tangible pathway toward lawful permanent residency within the United States.


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