According to the most recent DACA report released by USCIS, 455,455 young people in the United States have been approved for Obama's deferred action program, which means that more and more DACA-mented immigrants can now start their futures in college and in their career. For many, the future may require traveling for educational, professional, or personal/family circumstances. Luckily, a DACA approval means you can travel anywhere within the United States, including Alaska and Hawaii and some U.S. territories, as long as the traveler never sets foot in soil that doesn't belong to the United States during the journey.
For DACA-mented immigrants who wish to travel outside the United States, the only option currently is applying for advance parole from USCIS.
What is advance parole?
The simple answer is that advance parole is a conditional and temporary international travel permit for those with DACA. Advance parole is a special discretionary authority bestowed on the Department of Homeland Security and is usually issued for humanitarian reasons or for public benefit. "Parole" in U.S. immigration is defined as "the authorization to allow an otherwise inadmissible person to physically proceed into the United States under certain safeguards." Because DACA does not grant lawful status, advance parole is needed to ensure any DACA-mented immigrant who wants to leave the United States for a brief period will have a reasonable chance of being allowed to re-enter.
What is the advance parole application process?
The advance parole application consists of submitting form I-131 to USCIS and paying the $360 filing fee. Applicants are required to prove they need to travel for humanitarian, employment, or educational purposes. Luckily, USCIS defines these categories very broadly and so there can be many different types of qualifying circumstances for advance parole. These circumstances can include family emergencies or funerals, medical emergencies, study abroad programs, academic research, job interviews, and business trips. Travel for pleasure is not a suitable reason to apply for advance parole. Advance parole cases are very discretionary, so the more sympathetic and compelling the case, the better chances it has of being approved.
How does a person with DACA travel once they have advance parole?
Depending on the circumstances, the advance parole applicant might not know exactly when their permission to travel will be granted, so they need to be prepared to leave whenever their approval comes through. A deferred action recipient will need to travel with their Authorization for Parole of an Alien in the United States (I-512L) which they will have to present to the immigration inspector upon re-entry. The individual must make sure they do not stay abroad past the date of the advance parole document unless they want to risk being barred from re-entering the United States.
Advance parole is NOT a guarantee that a DACA-mented individual can re-enter the United States, but it provides a reasonable assurance that the trip will go smoothly. DHS can revoke an advance parole document at any time, especially if the traveler has previous serious immigration issues like a prior removal order. We strongly recommend consulting an immigration attorney before applying for or traveling with advance parole as this is the best way to ensure your DACA status is secure and you will be allowed to return home at the end of your trip.
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