Blessed by Arrabally: DACA and TPS Recipients Who Entered the Country Illegally May Be Eligible for Green Cards
For those who entered without inspection and were later granted Temporary Protected Status (TPS) or now qualify for TPS, you may be able adjust your status by means of applying for advance parole. Also, Dreamers who qualified for, and received deferred action” under the Deferred Action for Childhood Arrivals (DACA) program, you may also apply for advance parole.
Specifically, for those TPS or deferred action (DACA) recipients who previously entered the U.S. without inspection and are immediate relatives (child or spouse) of U.S. citizens may benefit greatly by applying for and using Advance Parole. Advance parole allows you to exit and re-enter the United States with your advance parole document. The Board of Immigration Appeals in a recent case, Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), held that “[a] departure under advance parole does not trigger the inadmissibility ground under 212(a)(9)(B)(i)(II).” Therefore, leaving the United States under advance parole does not trigger inadmissibility and you will be able to re-enter, this time with inspection.
Consequently, without the ground of inadmissibility being triggered under Arrabally, such recipients will now become eligible for adjustment of status (“green card”) because they will have been “paroled” into the United States within the meaning of INA §245(a). So for those DACA and TPS recipients who are married to a U.S citizen, or qualify as children of U.S. citizens, travel on advance parole may have the dual benefits of eliminating exposure to the unlawful presence ground of inadmissibility and creating eligibility to adjust status in the United States. For more information on this topic, feel free to go here.
I have had much success in getting clients their green cards as a result of having traveled outside the U.S. and returning with the use of Advance Parole. If you feel you may benefit from such process, please consult with experienced immigration attorney, as not all cases are the same. Prior departures and entries may still effect your eligibility to file for adjustment of status. This must be discussed with an attorney. Immigration law is a complex topic that is constantly evolving. Moreover, it is important that the advice you receive is up to date.
Mario Zapata is an immigration attorney practicing out of Orange County, CA and represents clients nationwide.