Musings on Immigration

Generally, Yes! At Kuck Immigration Partners we have been helping our DACA clients obtain a travel permit, also known as Advance Parole, for several years now. If you have DACA and have not taken the opportunity to travel abroad, we’ll briefly explain how it works. First of all, simply having DACA does not mean you can leave the U.S.; the travel permit needs to be approved before any trip can take place. There are three reasons to request Advance Parole: 1 Humanitarian – to attend funeral services for family members, visit family members who are ill, or to seek medical treatment Educational – to pursue a study abroad program or academic research Employment – to attend trainings, conferences, business meetings, or other foreign assignments Advance Parole is a great opportunity to visit family abroad, but it can also provide a significant benefit in obtaining permanent residence in the U.S. In 2012, a case decided by the Board of Immigration Appeals allowed...

In a recent case, the Board of Immigration Appeals opened up an entire new area for individuals who have until now found themselves ineligible to obtain permanent residence without leaving the United States, or going through a complicated and unpredictable waiver process. In Matter of Arrabally and Yerrabelly , 25 I&N Dec. 771 (BIA 2012), the Board of Immigration ruled that an individual who came into the US illegally but who is now on an adjustment of status applicant, who obtains a travel documents (advance parole ) through USCIS and then leaves the US and reenters on that Advance parole, is eligible to adjust status IN the US (with an available immigrant visa), and is NOT subject to the 10 year bar waiver typically associated with his departure after having been illegally in the US for longer than 1 year. This is an AMAZING development and unexpected good news for several hundred thousand people. TPS status holders are eligible for the same type of advance parole document. ...

When I meet with couples to prepare for an adjustment of status interview, I begin by explaining that there are four rules, that if followed will help the interview go off without a hitch. Though I usually charge for this valuable information, I have decided against my better judgment to share the four rules (I call them the platinum rules) for adjustment interviews that all clients should live by at adjustment interviews. 1. If you do not know the answer to a question the officer asks, or do not remember the answer, say that you do not know or remember – do not guess at the answer. If you are wrong this could lead to trouble in that the officer may think you are lying if your answer contradicts a prior answer, or the truth. Officers will not likely hold it against you if you simply can’t remember. Having a bad memory is not a ground for denying your application. 2. Do not help each other answer the questions. Without fail, the man in the relationship will forget an important date, pla...