International Travel While on Deferred Action for Childhood Arrivals (DACA) Status
We recently hired a Malaysian citizen who has DACA "status". Our immediate plan is to get AP for that person so he can do business travel to Europe. We're also planning on submitting an EB-2 PERM application for him and hope that doing the entry via the AP may allow for a later AOS. However, we've run into a glitch. His Malaysian passport has expired and he went to a Malaysia Consulate to get a new one. However, he doesn't have a Malaysian National Registration Identity Card (NRIC) and, effective January of this year, they will no longer renew passports without it. They said he has to go to Malaysia to get it and they'll issue Emergency Travel Documents for him to get there. But, of course, after a departure without AP, he's barred from reentry to the US for 10 years. So that won't work.
Our attorney doesn't have any suggestions to deal with this. I'm hoping somebody here does.
Re: Catch-22 with Malaysian Citizen in Daca Status
You need an attorney who actually specializes in immigration law.
Unfortunately your situation is too complex for a message board - even one as wonderful as this.
Re: Catch-22 with Malaysian Citizen in Daca Status
We have an attorney who specializes in immigration law. He's done quite a lot for us over the years, with a lot of people. However, in addition to being an attorney, he's also a human being and isn't perfect and doesn't have a solution to every problem. I was hoping that the collective wisdom of this forum might produce an answer that he hasn't thought of.
Re: Catch-22 with Malaysian Citizen in Daca Status
He needs to go to his contacts or refer you to a larger firm.
The suggestion from here is to send someone else to do the project. Since he is a recent hire, he does not have corporate specific knowledge that makes him the only person to make the trip. If you cannot afford both people, the solution is easy.