For many individuals under the Deferred Action for Childhood Arrivals (DACA) program, traveling outside of the United States has been a complex and uncertain issue. DACA recipients, often referred to as Dreamers, have been granted temporary protection from deportation, but their ability to travel abroad was historically limited due to their undocumented status. However, a key provision—Advance Parole—has opened up opportunities for DACA recipients to travel outside the country legally and return without jeopardizing their status.
In this blog post, we’ll break down the process, the requirements, and the risks of traveling on Advance Parole with DACA, so you can make an informed decision if you’re considering international travel.
What is Advance Parole?
Advance Parole is a travel authorization granted by U.S. Citizenship and Immigration Services (USCIS) to certain individuals who are in the U.S. without legal status or have pending immigration cases, including DACA recipients. Advance Parole allows these individuals to leave the U.S. temporarily and return without losing their protected status or facing deportation.
For DACA recipients, Advance Parole has two primary functions:
- Reentry to the U.S. after traveling abroad – Once granted Advance Parole, DACA recipients can reenter the U.S. after traveling internationally.
- Travel for specific purposes – Advance Parole is granted for specific, qualifying purposes such as humanitarian reasons (e.g., family emergencies), employment, or educational opportunities.
Why Would a DACA Recipient Want to Travel on Advance Parole?
Traveling on Advance Parole offers several benefits for DACA recipients who wish to leave the U.S. temporarily. Some common reasons include:
- Family Reunification:
- DACA recipients may want to visit family members living abroad, particularly if they haven’t been able to travel home for many years. Advance Parole offers a way to travel internationally for family reunification without risking their DACA status.
- Employment Opportunities:
- Certain work-related travel opportunities may require DACA recipients to leave the U.S. Advance Parole can help them travel for work, whether it’s for a business conference, job training, or meeting with clients.
- Educational Purposes:
- Some DACA recipients may want to participate in educational opportunities abroad, such as study programs or research. Advance Parole provides them with the ability to pursue these opportunities without compromising their DACA protection.
- Humanitarian Reasons:
- In the case of urgent family matters, such as the death or illness of a close relative abroad, Advance Parole can allow DACA recipients to travel back to their home country for humanitarian purposes.
How Do You Apply for Advance Parole with DACA?
If you’re a DACA recipient and are considering traveling on Advance Parole, here are the steps to follow:
- File Form I-131 (Application for Travel Document):
- To apply for Advance Parole, you must submit Form I-131, Application for Travel Document, to USCIS. You must provide documentation supporting the reason for your travel (e.g., medical records, letters from your employer or educational institution, or proof of family emergencies).
- Provide Supporting Documents:
- You’ll need to include supporting documents such as:
- Proof of DACA status (copy of your DACA approval notice)
- Evidence of the purpose of your trip (employment, education, humanitarian reason)
- Proof of financial support during your trip, if applicable.
- You’ll need to include supporting documents such as:
- Wait for Approval:
- It can take several months for USCIS to process an Advance Parole request. It is important not to travel until your Advance Parole is approved and you have received the official travel document.
- Ensure Your DACA Status is Current:
- You must have valid DACA status at the time you apply for Advance Parole and while traveling. If your DACA expires before your travel, it’s crucial to renew it before applying for Advance Parole.
Risks of Traveling on Advance Parole with DACA
While Advance Parole offers a way to travel abroad and return to the U.S., there are certain risks involved, particularly for DACA recipients. It’s essential to understand these risks before making any travel plans.
- Uncertainty at Reentry:
- Even though you are granted Advance Parole, there is no guarantee of reentry to the U.S. Immigration officials at the border or port of entry have the authority to deny entry, even if you have an approved Advance Parole document. It’s possible that, at the discretion of Customs and Border Protection (CBP), you could face delays, additional questioning, or even be denied reentry.
- Changes in Immigration Policies:
- Immigration laws and policies are subject to change, and there is always the possibility that new restrictions could be imposed. For example, in the past, DACA recipients have faced uncertainty due to shifting political landscapes. If there are major changes to DACA or immigration policy while you’re abroad, you could face challenges upon your return.
- Travel Restrictions:
- You must be aware of any travel bans or restrictions in place at the time of your departure. Some countries may have specific regulations for U.S. citizens or people traveling on Advance Parole, so make sure to check for travel advisories and border control policies in your home country.
- Risk of Abandoning DACA Status:
- Traveling on Advance Parole does not automatically jeopardize your DACA status, but leaving the U.S. while your case is under review or while certain policies are changing may pose risks. You should consult with an immigration attorney to ensure you are fully prepared and that traveling will not affect your DACA status negatively.
Final Thoughts: Is Traveling on Advance Parole Right for You?
Traveling on Advance Parole with DACA can be a life-changing opportunity for those who wish to reunite with family, pursue work opportunities, or attend educational events. However, it is crucial to understand the requirements, the risks involved, and the importance of planning ahead. Always consult with an immigration attorney before making any decisions about traveling on Advance Parole to ensure you have the proper guidance and are aware of the current legal landscape.
If you are a DACA recipient and are considering applying for Advance Parole, The Grande Law Firm is here to help. Our experienced legal team can guide you through the process and help you make an informed decision about your travel options.
Ready to explore your travel options on Advance Parole? Contact us today for a consultation and get the legal assistance you need to navigate this process confidently.
