DACA has been important to many young immigrants in the U. S . since it has provided protection from deportation as well as an opportunity to work. There are two things that under DACA individuals anticipate while thinking about traveling to another country: exhilaration and fear. Thankfully, it is possible to travel using something called “Advance Parole” specifically for DACA recipients. This tutorial will describe what Advance Parole is, who is eligible for it how they can get in trouble with it, and the basic steps to follow to get it.
What is Advance Parole for DACA
It is a document (Form I-512L) that DACA recipients can get, letting them leave the U.S. and return legally before a set expiration date, usually within 30 to 45 days. Think of it as a special pass that allows legal reentry into the U.S. after traveling abroad. However, getting an Advance Parole is not automatic and comes with some risks.
Risks of Traveling Without it
First, it’s important to know that DACA status alone doesn’t let you leave the U.S. and come back legally. If you try to do this without Advance Parole, you might be denied reentry and lose your DACA status.
Also, making last-minute travel plans with an Advance Parole document that’s about to expire can cause problems if you face travel delays due to transportation issues or unexpected events like the COVID-19 pandemic.
Customs and Border Protection (CBP) officers can deny entry if they find you “inadmissible” for health or security reasons. People with a U.S. green card have a stronger position in such situations.
If you’ve entered the U.S. illegally multiple times, you should talk to a lawyer before leaving because a “permanent bar” might affect your ability to return. Those with deportation orders should also seek legal advice.
Who Can Get It?
Not all DACA recipients can get Advance Parole. You need to show a valid reason for travel, such as:
Humanitarian Reasons: Traveling for medical help, attending a family member’s funeral, visiting a sick relative, or other urgent family matters.
Educational Reasons: Traveling for study abroad programs, academic research, or educational opportunities.
Work Reasons: Traveling for job assignments, client meetings, interviews, conferences, training, or job-related purposes with foreign employers in the U.S.
How to Apply for Advance Parole for DACA
Here are the steps to apply for Advance Parole:
- Start by completing Form I-131, Application for Travel Document, from USCIS. Focus on the sections relevant to Advance Parole.
- Include a copy of a photo ID, like a driver’s license or passport identity page.
- Include proof that you have been approved for DACA, usually Form I-797.
- Provide proof supporting your reason for travel. Ensure any documents in other languages have English translations.
- If your travel is for family reasons, provide proof of relationships, such as birth certificates.
- Include two recent passport-style photos of yourself.
- Share information about your travel dates and trip duration in Part 4 of Form I-131.
- As of late 2023, the fee is $575, plus $85 for biometrics if you’re 14 to 79 years old. Check the USCIS website for current fees.
Make sure your documents are official and thorough to strengthen your application. For instance, if traveling for education, include a letter from your school explaining the need for travel or documents showing enrollment in a travel-required program. Do not send original documents, as they won’t be returned.
Processing Time for Advance Parole for DACA
The time USCIS takes to process Advance Parole applications varies by Service Center. On average, it can take three to 30 months if all required materials are included.
In emergencies, you can request faster processing or an in-person appointment by contacting the USCIS Contact Center. Emergencies are usually considered if travel is within the next 90 days.
As of late 2023, USCIS introduced the “My Appointment” portal for online appointment requests. The effectiveness of this new system compared to the Contact Center is still being evaluated.
If Your Application Is Approved for Advance Parole for DACA
If approved, USCIS will issue Form I-512L, Authorization for Parole of an Alien into the United States. This document allows you to reenter the U.S. legally. Carry the original I-512L when traveling and present it upon your return. Ensure you travel within the document’s expiration date, as using it after expiry is not allowed.
In summary, Advance Parole provides a way for DACA recipients to travel legally and return to the U.S. However, the process requires careful planning, detailed documentation, and following USCIS guidelines. Consulting an experienced immigration attorney can help you navigate this process and increase your chances of success.
