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DACA participant who left US suddenly, finds way to return

We have written previously about the Deferred Action for Childhood Arrivals program that many young people who entered the United States as children, lacking proper documentation, have been able to be a part of. Individuals who qualify for the program can do some of the things that citizens of the U.S. or documented immigrants can, such as apply for a driver’s license, open a bank account and work in the country. Education is a major component of the program as well as those who qualify for the program may continue on with their education, heading to college.

The program sets forth multiple parameters for those who qualify. One of them is that the participant cannot leave the country without first receiving approval from the government. Should he or she do so, they will not be denied reentry into the U.S. A student at an Ivy League school recently faced this very situation.

The 21-year-old man took his mother to Mexico earlier this year without waiting to hear from the government on his fast-tracked requests for authorization. According the man the decision to go to his native country, where he had not lived since he was 2 years old, was made quickly in an effort to get his mother who was stricken with cancer, treatment this is not available here. Sadly, after going to Mexico, his mother died. The young man has been in Mexico ever since.

On his first attempt to gain reentry to the U.S., the man’s request was denied. He and his lawyer did not give up however and requested he be allowed back in the U.S. to finish his education, via “humanitarian parole.” The basis for this type of visa is that there is a significant public benefit or humanitarian reason that warrants it. This request was recently granted. It is unclear when he will actually return to the U.S.

This situation illustrates how an immigration lawyer can be of assistance. Whether the young man would have succeeded without that assistance is doubtful.

Source: CBS News, “Harvard student who took dying mom to Mexico gets humanitarian visa,” Associated Press, Oct. 14, 2014

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