Green Card Update: Major Immigration Change in DACA Travel Protections
Summary
The U.S. Board of Immigration Appeals (BIA) changed its rules about travel for immigrants under the Deferred Action for Childhood Arrivals (DACA) program. The new ruling says that traveling abroad with advance parole, a temporary travel permit, can count as leaving the country and might cause legal problems for some applying for green cards.Key Facts
- The BIA overturned a 2012 decision that protected DACA recipients from certain penalties when traveling with advance parole.
- Advance parole allows some immigrants, including DACA recipients, to travel outside the U.S. temporarily while their immigration status is being reviewed.
- The new ruling means that travel on advance parole may be treated as a full departure under immigration law.
- This can trigger three- or ten-year bars that prevent some immigrants from reentering or adjusting their status.
- The ruling will only apply to cases filed after the decision date to avoid penalizing those who relied on the old rule.
- DACA recipients with prior unlawful presence will now need to apply for a waiver when seeking permanent residency after traveling on advance parole.
- The change is part of broader Trump administration efforts to tighten immigration rules for legal immigrants and applicants.
- Immigrants still need to prove their travel is for approved reasons like education, work, or humanitarian needs to get advance parole.
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