For people who were brought to the United States as children and have Deferred Action for Childhood Arrivals status, visiting family members in other countries can be very appealing. However, DACA’s rules and restrictions on international travel can be complicated. This guide explains how its recipients can travel outside the U.S. using Advance Parole and the risks and possibilities involved.
Understanding DACA
It provides temporary protection from deportation for many undocumented individuals, giving them opportunities like obtaining a Social Security Number and access to jobs. However, It is not a legal immigration status; it’s just an agreement by the U.S. government not to deport them immediately. This distinction makes it challenging for its recipients to leave the U.S. temporarily without risking their status.
What is Advance Parole
It is a special travel permit that allows its recipients to leave the U.S. and return legally. However, it is only granted for specific, compelling reasons. It’s important to know when and how you can apply.
Eligibility
The U.S. Citizenship and Immigration Services allows Advance Parole for DACA recipients if their travel falls under one of these categories:
- If you are participating in a study abroad program or conducting academic research.
- You need to travel for work-related purposes such as assignments, interviews, conferences, training, or client meetings.
- If you need to travel for urgent humanitarian reasons like getting medical treatment, attending a family member’s funeral, or visiting a seriously ill relative.
Required Documentation
To get an Advance Parole, you need to provide strong documentation supporting your travel reasons. USCIS needs evidence for your application. Depending on why you are traveling, this could include letters from program sponsors, professors, or employers. For humanitarian reasons, you’ll need medical records and a letter from a doctor explaining the urgency and your relationship to the sick family member. If documents are not in English, you must include accurate translations.
How to Apply
To start the process, submit Form I-131 along with all supporting documents, photos, and the required fee. You can find detailed instructions in guides on how recipients can apply for Advance Parole.
Handling Emergencies
If you have a true emergency that requires immediate travel. It’s best to call early in the morning since it can take time to reach a live representative. In an emergency, USCIS may set up an appointment at your local office for you to apply for an Emergency Advance Parole.
Seek Legal Help
Dealing with DACA and Advance Parole can be tricky. Since Advance Parole approvals are not guaranteed, it’s a good idea to get help from an experienced immigration lawyer. A lawyer can help you gather documents, fill out forms, write cover letters, and assess the risks of returning to the U.S.
Recent changes to the DACA travel requirements
Recent changes to the DACA travel requirements primarily revolve around the policies regarding Advance Parole, which is necessary for DACA recipients wishing to travel internationally. Here are the key updates:
Advance Parole Process
Application for Advance Parole: DACA recipients must apply for Advance Parole using Form I-131 before traveling outside the United States. This document allows them to leave and return without losing their DACA status. The approval of Advance Parole is crucial as traveling without it can lead to significant immigration consequences, including the risk of being barred from re-entering the U.S..
Reasons for Travel: The U.S. Citizenship and Immigration Services (USCIS) generally grants Advance Parole for specific reasons, including:
- Educational purposes: Such as studying abroad.
- Employment-related travel: For short-term business trips.
- Humanitarian reasons: Visiting ill relatives or attending funerals.
Expedited Processing: Recent policy changes aim to streamline the waiver request process associated with obtaining an H-1B visa for DACA recipients. The State Department plans to issue guidance encouraging expedited reviews of waiver requests, which could indirectly benefit DACA recipients looking to travel internationally.
Legal Context
- As of September 2023, a court ruling found the DACA Final Rule unlawful but maintained a partial stay for current recipients who had their status before July 16, 2021. This means that while new initial applications are not being processed, existing DACA holders can continue to renew their status and apply for Advance Parole.
Important Considerations
- Travel Risks: If a DACA recipient travels without Advance Parole, they face the risk of being unable to return to the U.S., which could lead to termination of their DACA status. Additionally, any travel after August 15, 2012, may affect their continuous residence requirement for DACA eligibility.
- Documentation: When applying for Advance Parole, applicants should prepare thorough documentation supporting their reasons for travel and ensure they have copies of their applications when traveling.
In summary, while there have been no drastic changes to the core requirements for DACA recipients regarding international travel, recent policy adjustments aim to improve the process and reduce risks associated with obtaining necessary permissions. Recipients should remain vigilant about maintaining their DACA status and comply with all procedural requirements when considering international travel.
Traveling abroad involves careful planning and preparation. Your Social Security Number remains valid, but using it for work depends on your status and any other immigration authorizations you secure. To travel successfully, you need to plan carefully, gather accurate documentation, and often seek legal advice.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an F-1 Visa or a H-1B Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
