Very informative blog post on the misconception on what freedoms come with Deferred Action, especially regarding the ability to travel abroad.
From the USCIS website:
“If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if you are traveling for humanitarian purposes, educational purposes, or employment purposes.”
The instructions for filling out Form 1-131 come with the following warnings.
“Although advance parole may allow you to return to the United States, your departure may trigger the 3 or 10-year bar, if you accrued more than 180 days of unlawful presence before the date you were considered to be in a period of authorized stay.”
A filing of the Form I-131, Application for Travel Document a is merely a request for permission to return entry into the USA, it is not a guarantee. As with all applications submitted with USCIS, there are risks and rewards- so consult an attorney BEFORE traveling/ filings forms.
- 10 Travel Tips for Infrequent Fliers (blogs.lawyers.com)
- Deferred Action- Greta Van Susteren, Fox News Host Suggests Lawyers Taking DREAMer Cases Committing ‘Legal Malpractice’ (VIDEO) | Huffingtonpost | 8/22/12 (vinhsulaw.wordpress.com)
- Affordable Care Act Won’t Apply To Immigrants Granted Deferred Action | HuffingtonPost.com | Elise Foley | 8/31/12 (vinhsulaw.wordpress.com)