Can I travel back to the Philippines if I’m granted DAPA?

Dear Atty. Gurfinkel:

I have been out of status in the US for many years. During that time, I have missed many joyous and tragic occasions in the Philippines, such as graduations and weddings of my children, funerals (my father died in the Philippines and I could not go back for the funeral), anniversaries, birthdays and Christmas.

I heard about President Obama’s Deferred Action for Parental Accountability (DAPA), and I think I’m eligible, because I have a child born in the US. I’ve been here since before January 2010 and am law abiding. If I apply for and am granted DAPA, will I be able to travel back to the Philippines?

                                   Very truly yours,

                                             F.T.

Dear F.T.:

If a person is granted DAPA (or DACA, for people who entered the US before age 16 and before January 1, 2010), it could be possible for them to travel to the Philippines, under certain conditions, by applying for “advance parole.”

First, a person can apply for advance parole only after they are granted DAPA or DACA. You cannot apply for advance parole at the same time you file for DAPA or DACA.

Second, according to USCIS’s website, USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request.

Generally, USCIS will only grant advance parole if your travel abroad will be in furtherance of:

• humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;

• educational purposes, such as semester-abroad programs and academic research, or;

• employment purposes such as overseas assignments, interviews, conferences or training, or meetings with clients overseas.

Third, and most important, travel for vacation is not a valid basis for advance parole. In other words, if you list the reason for travel is to “visit my relatives whom I’ve not seen in many years,” it is likely your request for advance parole will be denied. There has to be some important or emergency reason for traveling.

If you believe you are eligible for DAPA, I would recommend that you seek the advice of an attorney who can evaluate your situation. If you are granted DAPA, it could also be possible for you to travel to the Philippines, so long as the purpose of your trip is other than vacation and is for some important or emergency reason.

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