Those Granted Deferred Action Can Apply for Advance Parole!

Sarasota Immigration Attorney Victoria Jaensch Karins

The granting of Deferred Action does not lead to any status or path to permanent residence. However, the USCIS has stated that those who are granted Deferred Action will be able to apply for a travel document called “Advance Parole” if they can show a good reason for the need to travel (e.g. humanitarian, education or work related).

This is a potentially great benefit to those who entered without inspection (EWI) and are married to US citizens. EWI’s married to US citizens are not currently eligible to obtain their green cards in the U.S. They must apply from their home country. Usually the return to the home country triggers the 3 to 10 year bar.

But now, people who are “paroled” in the U.S. based on the advance parole documents ARE eligible to obtain their green cards in the U.S.

Therefore, a person granted deferred action who also receives an advance parole would be able to obtain their green card through their US citizen spouse in the U.S. within 3-4 months of filing and would not require a waiver application.

I do not advise anyone who is granted Deferred Action to leave the U.S. with a travel document before first confirming that they will be able to come back to the U.S. In the coming months, we will see how this issue plays out.

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Written by Chris Jaensch

Attorney P. Christopher Jaensch received a Bachelor of Arts degree in History in 1992 and a Juris Doctor degree in 1995 from the University of Florida. While at UF, he was a member of Sigma Chi Fraternity, Phi Beta Kappa Society and Florida Blue Key, the oldest and most prestigious leadership honorary in the state of Florida.

Mr. Jaensch is a member of the Florida Bar, the American Immigration Lawyers Association (AILA) and the Sarasota Bar Association. He has served as President of the Sarasota-Manatee International Trade Club and served as Regional Vice Chair, Tampa Bay, for the Central Florida Chapter of AILA. He was a member of City of Sarasota Charter Review Committee and has been active in several local organizations, including the influential Laurel Park Neighborhood Association in downtown Sarasota.

Mr. Jaensch has over 18 years of experience in the field of immigration and nationality law and focuses his practice on four primary categories (a) investors and entrepreneurs, (b) business executives, managers and professionals, (c) amateur and professional athletes and coaches and (d) performing artists and immigrants with extraordinary ability.