DACA to Employment Based Visas: Updates on Strategy and the Agency Split on Unlawful Presence Bars

This practice alert summarizes current Deferred Action for Childhood Arrivals (DACA) advance parole trends, the differing Department of State (DOS) and United States Citizenship and Immigration Services (USCIS) interpretations of when the 3- and 10-year unlawful presence bars are triggered, and strategic considerations for DACA recipients pursuing employment-based immigration through nonimmigrant visas (NIVs), immigrant visas (IVs), and adjustment of status.

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