For many individuals protected under DACA (Deferred Action for Childhood Arrivals), the journey toward becoming a lawful permanent resident can feel uncertain and overwhelming. Fortunately, Advance Parole is one legal tool that may help some DACA recipients take a critical step toward securing a green card—but it must be used correctly, and with careful planning.
In this article, we’ll explore how Advance Parole works, why it’s important for DACA recipients, and how it can be used as part of a legal strategy to obtain a green card and adjust status within the United States.
What Is Advance Parole?
Advance Parole is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) that allows certain non-citizens to leave the United States for a temporary period and re-enter lawfully. While Advance Parole is available to various categories of immigrants, it holds unique significance for individuals protected under the DACA program.
DACA recipients may apply for Advance Parole if they can demonstrate a legitimate reason for international travel. These reasons fall into three main categories:
Humanitarian purposes (e.g., visiting a seriously ill relative, attending a family funeral)
Educational purposes (e.g., study abroad programs, academic research)
Employment purposes (e.g., overseas job training, work assignments)
By traveling with and returning on Advance Parole, DACA recipients may be able to establish a lawful admission or parole—a critical legal requirement for many adjustment of status cases, including green card applications based on marriage to a U.S. citizen or other immediate family relationships.
Why Advance Parole Matters for DACA Green Card Eligibility
Many DACA recipients entered the U.S. without inspection—meaning they crossed the border unlawfully and were never formally admitted by an immigration officer. This method of entry generally bars individuals from adjusting status inside the U.S., even if they marry a U.S. citizen or otherwise qualify for a green card.
Under Section 245(a) of the Immigration and Nationality Act (INA), a person must be inspected and admitted or paroled into the U.S. to adjust status. This is where Advance Parole becomes essential: if a DACA recipient obtains Advance Parole, leaves the country, and returns, they are now considered to have been “paroled” into the U.S., satisfying this requirement.
⚠️ Important Clarification: It’s not enough to simply apply for or receive Advance Parole. The DACA recipient must physically leave the United States and return using the Advance Parole document to establish a lawful entry. Without this departure and reentry, the unlawful entry remains a barrier to adjustment of status.
Who May Already Qualify Without Advance Parole?
It’s important to note that not all DACA recipients need Advance Parole to adjust status. Those who originally entered the U.S. legally—for example, with a valid visa—even if they later overstayed, may already meet the lawful entry requirement and could potentially adjust status as immediate relatives of U.S. citizens without needing Advance Parole.
However, those who were brought to the U.S. without inspection at a young age typically must use Advance Parole to create a legal entry before they can pursue a green card from within the U.S.
Step-by-Step: Using Advance Parole to Adjust Status
Here’s how DACA recipients can use Advance Parole as a part of their strategy to obtain a green card:
Apply for Advance Parole
File Form I-131 with USCIS, providing documentation to support the reason for travel—humanitarian, educational, or employment-related.Travel Abroad and Reenter the U.S.
After approval, the DACA recipient must travel outside the U.S. and return using the Advance Parole document. This reentry establishes a lawful parole.Determine Eligibility to Adjust Status
If the individual is married to a U.S. citizen or is another type of immediate relative, they may qualify to file Form I-485 (Application to Register Permanent Residence or Adjust Status).Apply for a Green Card
Once the I-485 application is filed and approved, the individual becomes a lawful permanent resident—commonly known as receiving a green card.
Are There Exceptions to the Lawful Entry Requirement?
Yes, certain immigration relief programs do not require lawful entry for adjustment of status. Examples include:
VAWA (Violence Against Women Act) self-petitioners
U visa holders
T visa (for victims of trafficking)
Special Immigrant Juvenile Status (SIJS)
For those eligible under these humanitarian options, the requirement of lawful entry via Advance Parole may not apply. Each case is unique, so it’s vital to consult with an immigration attorney to evaluate eligibility under all available options.
Potential Risks and Why Legal Guidance Is Essential
Although Advance Parole provides a powerful legal pathway, it comes with potential risks. Reentry is not guaranteed. Even with an Advance Parole document, Customs and Border Protection (CBP) officers have the discretion to deny admission. Additionally, individuals with certain criminal records, outstanding removal orders, or immigration violations may face complications at the border or in future immigration proceedings.
Moreover, the availability of Advance Parole for DACA recipients has changed under different presidential administrations and may shift again in the future. This unpredictability underscores the importance of acting promptly—and wisely.
✅ Tip: Always consult with a qualified immigration attorney before applying for Advance Parole or planning travel outside the U.S. Legal guidance can help minimize risks and ensure your journey toward permanent residency is on solid footing.
Final Thoughts: Advance Parole as a Gateway to a Green Card
For DACA recipients seeking a path to permanent legal residency, Advance Parole may offer a critical solution—if applied strategically and executed correctly. For those who entered the U.S. without inspection, this travel document, combined with a qualifying family relationship, can lead to adjustment of status and the eventual approval of a green card.
However, success depends on careful planning, full legal compliance, and up-to-date knowledge of immigration policies. As the future of DACA remains uncertain, taking proactive steps toward legal permanent residency is more important than ever.
If you’re a DACA recipient wondering whether Advance Parole could be your gateway to a green card, don’t navigate it alone. Speak with a trusted immigration attorney today and take control of your future in the United States.
