DACA Travel Risks: A Guide to Advance Parole and Legal Precautions
For DACA (Deferred Action for Childhood Arrivals) recipients, navigating travel outside the United States comes with some challenges. Understanding these risks and staying compliant with legal requirements are essential to protect your status. Here is a guide to securing Advance Parole, and how an immigration law firm can help your case.
What is Advance Parole?
Advance Parole is a document for DACA recipients who wish to travel outside the United States. Known officially as Form I-512L, this document grants temporary permission for DACA holders to leave and re-enter the country. It’s important to note that obtaining Advance Parole approval is mandatory before any international travel plans are made.
The U.S. Citizenship and Immigration Services (USCIS) grants Advance Parole for specific situations, primarily falling into three categories: humanitarian reasons, educational purposes, or employment-related needs. Each category has its own set of criteria and documentation requirements, emphasizing the importance of a well-prepared application.
Eligibility for Advance Parole as a DACA Holders
Not all individuals associated with the DACA program are eligible to apply for Advance Parole. This option is exclusively available to current DACA recipients – those whose DACA status is active and valid. If you’re in the process of applying for DACA or awaiting a decision on your application, you cannot apply for Advance Parole.
The reasons for which DACA recipients can apply for Advance Parole are specific and limited. These include seeking medical care abroad, participating in academic research, or fulfilling work assignments outside the U.S. It’s crucial to provide substantial evidence supporting your need for travel within these categories.
It’s worth noting that there are currently restrictions on initial DACA applications, and USCIS has processing limits in place. These factors can impact the overall timeline and feasibility of obtaining Advance Parole for some individuals.
Understanding the Risks of International Travel for DACA Recipients
While Advance Parole provides a legal avenue for travel, it’s essential to understand that it doesn’t guarantee a smooth re-entry into the United States. One of the most significant risks is the possibility of being denied re-entry, even with an approved Advance Parole document. Customs and Border Protection (CBP) officers have discretion in these matters, and various factors can influence their decision.
The most important risk to consider is the potential loss of DACA status. Leaving the U.S. without proper authorization can lead to automatic termination of DACA benefits. This underscores the absolute necessity of obtaining Advance Parole before any international travel.
Legal Precautions Before Traveling
Given the complexities associated with international travel for DACA recipients, seeking legal counsel is essential. Consulting with an experienced immigration attorney at an immigration law firm before making any travel plans can help you understand your specific situation and associated risks.
This legal guidance is particularly crucial for individuals with unresolved voluntary departure orders or removal proceedings. An attorney can help you navigate these complex situations, potentially reopening immigration court cases or finding ways to avoid long-term bans from the U.S.
An immigration lawyer can also help prepare an Advance Parole application, ensuring that all necessary documentation is included and that your case for travel is presented in the most compelling manner possible.
The Application Process for Advance Parole
The process of applying for Advance Parole can be somewhat complex, but following the correct steps can help avoid delays or denials. DACA holders must complete Form I-131, Application for Travel Document, and submit it to USCIS along with the required supporting documents. These documents typically include evidence supporting your reason for travel, such as medical records, an employment letter, or an academic invitation, depending on the nature of your travel request. A copy of your current, valid DACA status and work authorization card must also be included.
The application requires a filing fee, which is non-refundable regardless of the outcome. Once your application is submitted, USCIS will review the materials and make a decision, which can take several weeks or even months. In some cases, USCIS may request additional information or clarification about the purpose of your travel. It is essential to respond promptly to these requests to avoid further delays. If your Advance Parole application is approved, you will receive the I-512L document, which authorizes you to travel and re-enter the U.S. within the designated time frame.
Consequences of Traveling Without Advance Parole
For DACA recipients, traveling outside the U.S. without Advance Parole can have severe and lasting consequences. If you leave the country without this document, you risk losing your DACA status entirely, which can lead to deportation and the inability to return to the U.S. This is because DACA provides temporary protection from deportation, but it does not grant lawful immigration status. By leaving the country without Advance Parole, you are effectively abandoning your DACA protection.
Even if you have lived in the U.S. for many years and have built a life here, departing the country without authorization can trigger bars to re-entry, particularly if you have accumulated unlawful presence. For instance, individuals who have been unlawfully present in the U.S. for more than 180 days may face a three-year bar to re-entry, and those with more than one year of unlawful presence may face a ten-year bar.
Contact Cambridge Immigration Law for Expert Guidance From an Immigration Law Firm
Managing international travel as a DACA recipient can be challenging and filled with potential pitfalls. At Cambridge Immigration Law, we provide legal guidance to DACA recipients considering travel abroad. Contact Cambridge Immigration Law today for a consultation with our immigration law firm and let us help you figure out international travel with confidence.