In the parole category, USCIS has proposed changes to the existing Form I-131 to include a category for individuals who have received a grant of Deferred Action for Childhood Arrivals (DACA). Actual proposed changes to Form I-131 include extending the form from 3 pages to 5 pages. While the substance of the proposed changes to the form remains largely cosmetic (compare the current Form I-131 to the proposed draft Form I-131), the most significant aspects of the proposed changes reside not on the actual Form, but on the Form Instructions. Today’s Part 1 article discusses the proposed DACA-Related travel document application instructions.
We’ll follow up with a Part 2 article to discuss the legal issues raised in the instructions regarding “admission” and “departures.” In the proposed revised Form Instructions, USCIS provides greater details for individuals who have already been granted DACA to apply for Advanced Parole:
A. Provide an I-797 Notice of Action from USCIS or an approval order/notice/letter from ICE demonstrating a grant of DACA
B. An explanation of how your travel qualifies under one of the following criteria:
1. Educational Purposes
2. Employment Purposes
3. Humanitarian Purposes
Remember, these guidelines have not yet been finalized. The public is invited to provide written comment on these guidelines addressed to the OMB USCIS Desk Officer and DHS via email at email@example.com with reference to “OMB Control Number [1615-0013].” The deadline to submit comments is December 31, 2012. All comments submitted are made accessible to the public so please consider any sensitive or confidential information when submitting your comments.
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Disclaimer: The information contained in this blog post is provided for educational purposes only, and should not be construed as legal advice or as a substitute for legal counsel. The updates may be revised without advance notice. If you have questions regarding properly applying for DACA or other DACA-Related issues, please consult a qualified immigration attorney.