Natty Shafer Law

Utah lawyer for criminal and immigration cases

Tag Archives: Utah immigration attorney


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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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Expansion of Deferred Action Program

President Obama, in late November, outlined an expansion of the deferred action program that will include more people. We do not yet know the full details, but here is a bit about what we do know.

First, he ordered USCIS to expand the number of people who are eligible for DACA and the duration of approvals. While most of the other policy changes are going to take place later, renewals of DACA are now good for three years instead of two years as they previously had been.

Still to be implemented is the removal of the age cap. As originally implemented, DACA only applied to people born after June 15, 1981, but soon it will apply to everyone as long as they came to the country before the age of 16. DACA will also apply to people who were in the country on or before January 1, 2010 so more people will be eligible.

USCIS is also working on creating a new category of deferred actions for the parents of U.S. citizens or permanent residents. USCIS has not said yet if there will be an age minimum or maximum for this category so keep up to date on any new developments. Obama’s executive order requires that a person must have been in the country on November 20. 2014, and it is likely that USCIS will require some documentation to prove that. USCIS will have discretion to grant a deferred action. We do not know the specifics but people without any criminal history or contacts with bad organizations are likely to be approved. If the program is implemented similarly to DACA, people who do not have significant misdemeanors will be eligible as well. Those who are approved will be able to work legally in the United States, but they will not have a path to citizenship.

Finally, the executive action also expands the number of people who are eligible for conditional waivers when applying for an adjustment of status. To be eligible, a person mush be an undocumented immigrant and have resided in the United States for at least 180 days. Also, a person must either be the child of U.S. citizens or be the spouse and child of lawful permanent residents.


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Undocumented Immigrants Can Be Denied Firearms

Yesterday, the Court of Appeals for the Tenth Circuit upheld a federal law that makes it illegal for undocumented immigrants to own firearms. The Tenth Circuit includes Utah, but the case, United States v. Huitron-Guizar, arose out of Wyoming when Emmanuel Huitron-Guizar was arrested for owning three firearms. To challenge the constitutionality of the congressional law, Mr. Huitron-Guizar relied on language in District of Columbia v. Heller, which seemed to suggest that owning a firearm is an “individual right.”

The Tenth Circuit didn’t say whether a permanent resident or other immigrants can be denied firearms. The Supreme Court generally allows Congress to distinguish between citizens and non-citizens or to distinguish between undocumented aliens and legal aliens. As the Tenth Circuit noted, Congress has the power under the Constitution to determine rules for citizenship and to govern immigrants who seek citizenship.

What most interests me about this case, however, is that Mr. Huitron-Guizar has lived in the United States since he was three years old. He is now 24 years old, and he has lived in Wyoming for the greater part of 21 years. Now he is waiting deportation to Mexico, where he likely does not remember living. The particular firearms he owned would not have been illegal for him to possess if he had been a citizen.