Natty Shafer Law

Utah lawyer for criminal and immigration cases

Tag Archives: employment authorization document


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Advance Parole under DACA

The Deferred Action for Childhood Arrivals (DACA) program has vastly improved the lives of thousands of immigrants. The primary benefit is that it allows people to have an employment authorization card and work legally. However, it only grants a few other immigration benefits. Travelling can be an issue, at least for anyone who would like to leave the country. It is fine to travel within the United States, but leaving the country requires a plan. DACA holders must apply for “Advance Parole” from USCIS, and then wait for permission before they leave the country. Any DACA holder who travels outside the United States without Advance Parole, or who has already done so since August 15, 2010, automatically loses their deferred action.

USCIS does not grant Advance Parole to all DACA holders. A mere desire to travel will likely be rejected. The applicant must qualify one of the three specific reasons USCIS grants Advance Parole, which are:

    •Humanitarian Purposes – travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative
    •Educational Purposes – semester-abroad programs and academic research
    •Employment Purposes – overseas assignments, interviews, conferences or, training, or meetings with clients overseas.

To apply for Advance Parole, a DACA holder should collect and submit the following: 1) a completed I-131 form Travel Document from USCIS; 2) a photocopy of their photo identification, such as a passport or driver’s license 3) a copy of their I-797 form showing approval for DACA; 4) 2 color, passport-style photos of the applicant; 5) documents that support the claim that they qualify for one of the above reasons for Advance Parole, such as medical documents proving the existence of an ailing relative; 6) a check or money order for the current application fee for an I-131. The applicant then mails the necessary documents to USCIS for approval.

A word of warning for anyone who have been ordered to be deported or removed: speak with an immigration attorney before applying for Advance Parole since there are complication for those types of cases. It is possible to be approved for Advance Parole, but still not be eligible for re-entry to the United States.

Emergency Travel
If you are experiencing an extremely urgent situation or otherwise need a shorter processing time, USCIS will consider expediting a request for Advance Parole. Emergency travel and expedited requests are reviewed on a case-by-case basis, and are granted at the discretion of USCIS. Applicants must demonstrate that the meet the criteria of USCIS. Anyone in such a situation should contact a lawyer about whether or not they qualify and to make maximize the chances the request is granted in a timely manner.


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Renewals for Deferred Actions for Childhood Arrivals

Immigrants who successfully applied for the Deferred Action for Childhood Arrivals (DACA) program soon after it went into effect in August 2012 will soon have their paperwork expire. The terms for both the deferred action and the accompanying employment authorization document are for 2 years. That means the first approvals will expire in late summer and early fall. USCIS is in the process of designing the renewal paperwork for deferred actions.

First, the bad news. It appears the filling fee is going to remain the same. It will cost $465 to file, regardless of whether someone is renewing or applying for DACA the first time. Applicants will also have to submit the same three forms that were submitted the first time: I-821D, I-765, and I-765WS.

Now, the good news. Applicants will not have to resubmit the supporting documentation. Only a handful of documentation should be necessary for applicants who have had no new criminal charges and have not been in any removal proceedings over the last 2 years. Also, USCIS is assuring immigrants that most applications will be processed in under 120 days (about 4 months).

It is worthwhile for applicants to prepare in advance, resubmit their paperwork, and ensure that there is no interruption in their eligibility to work.


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What We Know about Deferred Action for Childhood Arrivals

USCIS has given us a few details about the Obama administration’s policy of deportation relief, or what is now being called “deferred action for childhood arrivals.” On August 15, USCIS should have the forms and instructions available and will start accepting applications for deferred action.

To be eligible, applicants must meet all of these requirements: 1) They must have been under the age of 31 as of June 15, 2012; 2) moved to the United States before their 16th birthday; 3) lived in the United States, uninterrupted, since June 15, 2007; 4) been physically present in the United States on June 15, 2012 and on the date of their request for deferred action; 5) either entered without a visa before June 15, 2012 or had their visa expire before June 15, 2012; 6) be currently in school, have graduated from high school, received a GED, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and 7) not have been convicted of specified criminal offenses and not pose a threat to national security or public safety.

That last point is important because it means that USCIS will have discretion to deny deferred actions for many reasons, and it does not appear that an applicant can appeal a decision. The criminal offenses for which an applicant will be denied are any felonies, a “significant” misdemeanor, or three or more misdemeanors of any type. Significant misdemeanors are those involving burglary, domestic violence, sexual abuse or exploitation, unlawful possession of firearms, driving under the influence, drug distribution, or any other misdemeanor for which an applicant was sentenced to more than 90 days in jail.

As part of the application fee, an applicant will pay for “biometrics” so that USCIS can conduct a background check. The total of the filling fee and the Employment Authorization Document fee will be $465. People approved for the Employment Authorization Document will be able to work in the United State for two years. With any luck, the deferred action will continue beyond that point, or, better yet, Congress will create a path for DREAMERS to get permanent residency.