Immigration Law Associates
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When does a trip abroad break continuous residence?

According to the DACA guidelines, if an applicant made one or more “brief, casual and innocent” trip abroad prior to August 15, 2012, their continuous residence will not be at risk. An absence is considered “brief, casual and innocent” when:

If you did travel abroad for any reason after coming to the U.S. and prior to August 15, 2012, this must be disclosed on your application and you must provide evidence that the trip(s) qualified as brief, casual and innocent.

What about trips after August 15, 2012?
Potential candidates for Deferred Action must not have made any trips abroad after August 15, 2012, either before or after submitting their applications to USCIS.

Once you have been granted Deferred Action, it may be possible to obtain a travel document known as an Advance Parole, to enable a trip overseas for certain very specific purposes.


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