Key Takeaways:
- DACA recipients must obtain Advance Parole to travel outside the US without jeopardizing their DACA status.
- Eligible reasons for travel include humanitarian, educational, and employment purposes, but not casual visits or vacations.
- Advance Parole facilitates adjusting to permanent resident status and carries risks, such as possible revocation and CBP inspection upon return.
Understanding Advance Parole for DACA Recipients
For individuals who have received Deferred Action for Childhood Arrivals (DACA), the possibility to travel abroad exists but isn’t automatic. Special permission, known as DACA travel authorization or Advance Parole, must be secured to travel outside of the United States and return without jeopardizing DACA status. However, understanding the eligibility requirements and precisely preparing the I-131 Application for Travel Document is vital for a successful request.
Eligibility Criteria for DACA Advance Parole
As a DACA recipient, one must know that not all travel reasons are valid for obtaining Advance Parole. Vacationing, attending weddings, or casual visits to family are not considered legitimate reasons. The categories under which one can travel include humanitarian, educational, and employment purposes. Here are some specifics:
Humanitarian Reasons
- Medical assistance
- Attending family funeral services
- Visiting an ill relative
Educational Reasons
- Participation in study-abroad programs
- Academic research
Employment Reasons
- Overseas assignments
- Client meetings
- Interviews and conferences
- Trainings abroad
“The USCIS DACA National Standard Operating Procedures Manual states that these three categories should be ‘construed broadly,’ which hints at a case-by-case basis for approval,” allowing for potential additional valid reasons for travel.
Before considering an application for Advance Parole, it’s crucial to seek the advice of an immigration lawyer who can provide an individualized assessment of any potential risks that might be involved with leaving the U.S.
How to Apply for DACA Travel Authorization
The primary vehicle for requesting DACA travel authorization is the I-131 Application for Travel Document. The checklist below provides a rundown of what to include in your application package:
- Completed and signed Form I-131
- A photocopy of a photo identification document
- Proof of DACA approval (e.g., Form I-797)
- Two recent passport-style color photographs
- The required USCIS filing fee of $575
When gathering evidence for the purpose of your travel, be prepared to submit the following:
Evidence for Humanitarian Trips
- Letters from medical professionals or hospital about the medical need
- Death certificates for deceased relatives
Evidence for Educational Trips
- Letters from educational institutions regarding the purpose of the travel
- Enrollment documentation and any requirements showing necessity of travel
Evidence for Employment Trips
- Letters from employers detailing the necessity of overseas travel
- Confirmation of training programs and conference enrollments
“A declaration of the specifics of the trip can greatly support your request for an Advance Parole Document (APD),” but it cannot replace other required evidence. Additionally, multiple trips can be requested under a single Form I-131, provided the reasons align with the permissible purposes.
Handling Urgent Advance Parole Requests
The processing timeline for Advance Parole can span several months, which can be challenging if the situation is urgent. Expedited requests are rarely granted, but in dire emergencies, local USCIS offices may address the urgent need on a discretionary basis. Preparing your application with a service like CitizenPath allows for guidance on expedited requests.
Advance Parole Impact on Adjusting Status
Though Advance Parole is not a direct path to obtaining permanent residence, it can facilitate the process. DACA recipients who did not have a lawful entry into the U.S. may face challenges when applying for a green card. However, once a person re-enters the U.S. with an Advance Parole Document, it is considered a lawful entry—this can be a game-changer for individuals marrying U.S. citizens or who find other paths to permanent residency, enabling them to adjust their status without leaving the country.
The Risks of Traveling on Advance Parole
Traveling with an Advance Parole document carries some risks. The Department of Homeland Security (DHS) can revoke or terminate the document at any time, and upon return, Customs and Border Protection (CBP) officers will inspect travelers. DACA recipients should carefully consider:
- Any criminal record or immigration proceeding history
- The expiration date of their current DACA status
- Previous detentions or denials upon re-entry to the U.S.
- Past international travel after August 15, 2012, without approved DACA and Advance Parole
Using the Advance Parole Travel Document
The official document, Form I-512L, is a standard letter-size piece of paper and functions as the authorization to re-enter the U.S. after travel. It’s crucial to review the document details upon receipt and note the final date it may be used for re-entry.
“While abroad, remember to carry the original advance parole document to present to transportation officials and CBP officers upon your return to the U.S.,” as it is a critical step in ensuring a smooth reentry process. Always ensure your travel is within the parameters set by the document and return before its expiration to avoid any complications.
For more detailed information and to access the necessary forms for requesting Advance Parole as a DACA recipient, visit the official US Citizenship and Immigration Services (USCIS) website.
By thoroughly understanding the criteria and carefully preparing your travel authorization application, you can navigate the advance parole process and maintain your DACA benefits while traveling for permissible reasons.
And there you have it, folks! Understanding Advance Parole for DACA recipients doesn’t have to be as complicated as it sounds. Remember, only certain reasons like humanitarian, educational, and employment purposes qualify for travel authorization. So, if you’re hankering to explore the world while maintaining your DACA status, hop on over to visaverge.com for more detailed info and helpful resources. Bon voyage! 🌍✈️
This Article in a Nutshell:
Did you know that DACA recipients can travel abroad with special permission called Advance Parole? It’s crucial to meet the eligibility criteria and prepare the I-131 Application for Travel Document correctly. The document allows for humanitarian, educational, and employment-related travel. Seek legal advice and apply carefully to maintain DACA status.
