To date more than 500,000 DACA applications have been approved, according to a USCIS report. Deferred Action allows young immigrants to begin pursuing their educational and career goals by granting them protected status for two years. Additionally, DACA standing makes traveling for educational, professional or personal/family reasons possible.
With DACA approval, you can venture out anywhere within the United States, including Alaska and Hawaii and some U.S. territories, as long as you don’t set foot on non-U.S. soil during the trip. DACA-mented individuals wishing to travel outside the U.S., must apply for advance parole from the USCIS.
What is advance parole?
Advance parole is a temporary, international travel permit for those with DACA status. It is special discretionary authority granted by the Department of Homeland Security (DHS) and is often issued for humanitarian reasons. U.S. immigration law defines “parole” as “the authorization to allow an otherwise inadmissible person to physically proceed into the United States under certain safeguards.” Because DACA does not award lawful status, advance parole is necessary to make sure DACA-mented immigrants traveling internationally will have a reasonable chance of re-entering the U.S.
What is required during the advance parole application process?
To apply for advance process, you must do the following:
- Submit Form I-131 to the USCIS
- Pay a $360 filing fee
- Provide Proof and Reason for Travel (only humanitarian, employment, or educational reasons accepted)
The USCIS defines the humanitarian, employment, or educational categories very broadly, resulting in a variety of qualifying circumstances for advance parole. These instances include study-abroad programs, academic research, family emergencies, funerals, medical emergencies, job interviews, and business trips. The USCIS won’t accept “traveling for pleasure” as a reason for applying for advance parole. Advance parole cases are discretionary, so improve your approval chances by providing the most compelling case possible.
How does an individual with DACA travel when granted advance parole?
Advance parole applicants may not know exactly when their permission to travel will be granted, so it’s important to be prepared to leave whenever approval is awarded. In order to re-enter the U.S., deferred action recipients need to present their Authorization for Parole of an Alien in the United States (I-512L) document to an immigration inspector upon returning. It’s important to follow traveling guidelines closely because those who stay past the date stated on the advance parole document are at risk for not being allowed to re-enter the U.S.
Note: DACA status and advance parole documentation does NOT guarantee the immigrant re-entry into the U.S. However, it does provide some assurance of re-entry.
The DHS may revoke an advance parole document at any time, especially if the individual has pending immigration issues, such as a prior removal order. It’s strongly recommended to consult an immigration attorney before applying for or traveling with advance parole to make sure your DACA status is up-to-date and you’ll be allowed to return to the U.S. at the end of your journey.
Learn more about advance parole and DACA with these great resources:
- Advance Parole for DACA Recipients from the American Immigration Council
- Got DACA, Now What? from the Educators for Fair Consideration