School trip abroad’s OK with ’12 program
QThe U.S. Citizenship and Immigration Services granted me Deferred Action for Childhood Arrivals. Later, USCIS granted me advanced parole so I could go abroad for a school trip. Will immigration keep my advance parole document when I return? If so, how can I later prove that I made a lawful, timely entry?
Concerned student, Bloomfield, N.J.
AWhen you return from your trip, a Customs and Border Patrol officer will stamp your passport showing your lawful entry date, so even if USCIS takes your advance parole document, you’ll have proof you complied with advanced parole rules.
The 2012 deferred action program is still open for new applications. It has a number of specific requirements: It’s open to immigrants who are at least age 15 and came here before age 16. They must have been under age 31 on June 15, 2012, and have been in the U.S. illegally on that date. They also must have entered the U.S. on or before June 15, 2007, and be in the country now. They need to either be in school (including a literacy or career training program), have completed high school, or have a general education diploma. They must have not been convicted of a felony, significant misdemeanor or three or more other misdemeanors, and must not be a threat to national security.
QCan someone who has an active order of protection against them become a U.S. citizen? Name withheld, Brooklyn
AIf no arrest or criminal charges are involved, most likely yes. If you are in a hurry to naturalize, it’s worth trying. However, if the U.S. Citizenship and Immigration Service becomes aware of the protection order, the officer may delay your naturalization. If you violate the order, the consequences may be severe, including the possibility of deportation.
Often, interviewing naturalization officers are unaware that an applicant is subject to a protection order. The N-400 Application for Naturalization does not ask about protection orders. Should the interviewing naturalization officer become aware of the order, the officer would likely deny your application. You could reapply once the order expires or is lifted.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, New York, NY 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.