Navigating travel as a DACA recipient or with a pending DACA application can be complex due to immigration restrictions. It’s essential to understand the specific travel requirements to avoid any potential issues. Here’s a breakdown of key information for DACA holders regarding domestic and international travel.
Domestic Travel Within the U.S.
Good news for DACA recipients: you can travel domestically within the U.S. with proper identification. To board a domestic flight, you’ll need a valid, government-issued ID that matches the name on your reservation. Acceptable IDs include:
- U.S. state-issued driver’s license or driver’s permit
- Passport from your country of nationality
- Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS)
If you don’t have one of these IDs, you can use an EAD as a secondary form of identification. Make sure your ID is current (not expired) and that it is issued by an official government entity. For more information, check the TSA’s official travel guide to prepare for your flight.
REAL ID Requirements
Starting May 7, 2025, all U.S. travelers aged 18 and older will need a REAL ID-compliant document to fly domestically. These IDs are marked with a star icon. You can obtain a REAL ID at your state’s Department of Motor Vehicles (DMV). DACA recipients can generally apply for a REAL ID, and if you already have an EAD, it will be considered REAL ID-compliant for domestic flights.
If you don’t have an EAD or are unable to get a REAL ID by May 2025, you will need to travel with a passport from your home country for domestic flights.
International Travel Considerations
International travel is more complicated for DACA recipients, as you cannot travel outside the U.S. without Advance Parole—a special authorization granted by the U.S. government. Even with Advance Parole, travel is only permitted for specific, approved reasons, such as:
- Educational purposes
- Employment purposes
- Humanitarian reasons (e.g., family emergencies)
Without Advance Parole, leaving the U.S. could lead to the loss of DACA status and possibly make you ineligible for reentry. Always consult with an immigration attorney before planning international travel to understand your eligibility and avoid complications.
How to Apply for Advance Parole
Advanced parole allows DACA recipients to travel outside the U.S. and return legally under specific circumstances. Here’s a step-by-step guide on how to apply for Advance Parole:
Step-by-Step Application Process
- Identify Your Reason for Travel:
- DACA recipients can apply for Advance Parole for three specific purposes: humanitarian, educational, or employment. Leisure travel is not permitted.
- Complete Form I-131:
- Fill out the Form I-131, Application for Travel Document. Ensure you specify your reason for travel, along with intended departure and return dates.
- Gather Required Supporting Documents:
- Include the following documents with your application:
- A copy of an official photo ID (e.g., passport or driver’s license).
- Two identical passport-style photographs were taken within 30 days.
- A copy of your DACA approval notice (Form I-797).
- Documentation supporting your reason for travel (e.g., medical records for humanitarian reasons, letters from employers or educational institutions).
- A cover letter summarizing your application and evidence.
- Include the following documents with your application:
- Pay the Filing Fee:
- The filing fee for Form I-131 is $575. Payment can be made by check, money order, or credit card using Form G-1450.
- Mail Your Application Packet:
- Send your completed application packet to the appropriate USCIS address, which can be found on the USCIS website. It’s advisable to mail it at least 3-4 weeks before your intended travel date.
- Receive Your Advance Parole Document:
- If approved, USCIS will send you a document (Form I-512L) that allows you to re-enter the U.S. The processing time is typically around 5 to 7 months.
Risks and Considerations
- Potential Challenges at Re-entry to the U.S.:
- While Advance Parole allows re-entry, there may still be challenges at the border, including questioning by Customs and Border Protection (CBP). It’s essential to carry all relevant documentation.
- Risks of Leaving While on DACA Status:
- Traveling without an approved Advance Parole can lead to loss of DACA status and potential deportation if you leave the U.S. without permission.
- What Happens if Advance Parole is Denied?:
- If your application is denied, you cannot travel outside the U.S., and this may affect your plans significantly. It’s crucial to ensure all documentation is thorough and compelling.
Travel Tips for DACA Recipients
- Preparing for Domestic Travel:
- Ensure you have valid identification (e.g., state ID or driver’s license) as TSA guidelines require it for air travel.
- Tips for International Travel:
- Carry all necessary documents, including your Advance Parole document, passport, and any supporting evidence related to your travel purpose.
- Keep copies of all important documents in case of loss or theft.
- Emergency Contacts in Case of Travel Issues:
- Have a list of emergency contacts, including family members and legal representatives who can assist you if problems arise during your travels.
By following these guidelines and preparing adequately, DACA recipients can navigate the process of applying for Advance Parole while minimizing risks associated with international travel.
While domestic travel for DACA recipients is generally straightforward, international travel requires careful planning, including obtaining Advance Parole if necessary. For domestic flights, ensure you have a valid ID, such as a REAL ID or EAD, and stay informed about upcoming changes like the REAL ID enforcement date. Always seek legal advice when considering international travel to avoid jeopardizing your immigration status.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Spouse Visa, Green Card, Visitor Visa, or Study 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 in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
