Daca Recipients: Travel Freedom And Restrictions Explained

DACA recipients can travel within the US without issue, but international travel is more complicated. To travel outside the US, DACA recipients need to apply for Advance Parole, which allows them to leave the country and return without losing their DACA status. Advance Parole is not granted for any reason; travel must be for humanitarian reasons or for significant public benefit. For example, visiting an immediate relative, especially a minor child, or travelling abroad for medical treatment that cannot be obtained in the US.

Characteristics of DACA Recipients' Travel

DACA recipients can travel within the US

If you are a DACA recipient, you can travel within the US without any restrictions. However, if you wish to travel outside the US, you will need to apply for a travel document called "Advance Parole". This is not a visa, but it does allow you to leave the US and return legally. To do so, you will need to apply for Advance Parole by submitting Form I-131 to the US Citizenship and Immigration Services (USCIS) and providing supporting documents and photos. You will also have to pay a fee.

Advance Parole is not guaranteed, and your application may be denied. Even if you are approved, it does not ensure that you will be allowed to re-enter the US. If your Advance Parole document expires while you are still abroad, you will be blocked from re-entering the country. Additionally, a Customs and Border Protection (CBP) officer may deny your entry if they believe you are "inadmissible" for health or security reasons.

To be eligible for Advance Parole, you must demonstrate specific and urgent reasons for your travel. Humanitarian purposes, such as medical assistance or attending a family member's funeral, educational purposes, such as studying abroad or academic research, and employment purposes, such as overseas assignments or client meetings, are generally accepted. Simply wanting to take a vacation or visit family is not sufficient.

Before travelling outside the US as a DACA recipient, it is essential to consult with an experienced immigration attorney to understand the risks and requirements fully.

Advance Parole allows DACA recipients to travel outside the US

Advance Parole is a document that allows DACA recipients to travel outside the US and return legally. This document is called Form I-512L, and it is similar to a visa. DACA recipients can present this form to US border officials upon their return to the country. The form will have an expiration date, usually within 30 to 45 days, and the recipient must return to the US before this date.

The possibility of receiving an Advance Parole document is not guaranteed and does come with some risks. DACA status alone is not enough to allow a recipient to leave and be admitted back to the US. Without an Advance Parole document, a recipient will likely be denied re-entry, and their DACA approval will be cancelled.

However, even with an Advance Parole document, re-entry to the US is not guaranteed. If a recipient encounters travel delays and returns after their document expires, they will be blocked from entering the US. Additionally, a Customs and Border Protection (CBP) officer has the authority to deny entry if they believe the recipient is "inadmissible" for health or security reasons.

To be eligible for an Advance Parole document, DACA recipients must demonstrate an approved reason for travelling, which can include humanitarian, educational, or employment purposes. Recipients must provide documentary evidence to support their reason for travelling, along with proof of their DACA approval and other relevant documents.

The application process for Advance Parole involves submitting various documents to the US Citizenship and Immigration Services (USCIS), including Form I-131, identity documents, proof of DACA approval, supporting documents for the reason for travel, passport-style photos, and an application fee. The processing time for Advance Parole requests can vary between 5 and 17 months, depending on the Service Center handling the application.

DACA recipients need to show appropriate identification to travel

DACA recipients can travel within the United States without issue. They are required to show appropriate identification to board their vessel of choice. This can include a valid, government-issued ID, such as a U.S. state-issued driver's license, a driver's permit, or a passport from their country of nationality. An Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS) can also be used as a secondary form of identification.

From May 7, 2025, all individuals aged 18 and over must obtain a REAL ID-compliant document to fly within the U.S. DACA recipients can obtain a REAL ID at their state's Department of Motor Vehicles (DMV). A current EAD is also considered REAL ID-compliant.

If travelling outside the U.S., DACA recipients will need to apply for Advance Parole to re-enter the country without losing their DACA status. This can be obtained by applying for Form I-512L, which is similar to a visa. Advance Parole is not always granted, and travel must be for specific reasons, such as humanitarian reasons, employment, or education.

DACA recipients can travel to Puerto Rico and US territories without Advance Parole

DACA (Deferred Action for Childhood Arrivals) recipients can travel within the United States without issue. This includes travelling to US territories, such as Puerto Rico, without needing Advance Parole. This has been the case since the end of 2021.

However, if a DACA recipient wants to travel outside of the US, they will need to apply for Advance Parole, which allows them to leave the country without losing their DACA status. This can be done by obtaining Form I-512L, which is similar to a visa. An Advance Parole document allows a DACA recipient to re-enter the US legally.

It is important to note that not all DACA recipients are eligible for Advance Parole. Travel must be for specific reasons, such as humanitarian, educational, or employment purposes. For example, travelling to support the wellbeing of an immediate relative or to receive medical treatment.

DACA recipients should always carry their DACA documentation when travelling to avoid any problems at the border or port of entry.

Advance Parole is not available for all DACA recipients

DACA recipients can apply for Advance Parole, which may authorise them to re-enter the US after travelling abroad. However, Advance Parole is not available to all DACA recipients. Firstly, it is essential to understand that Advance Parole is not a right but an option for DACA recipients. This means that not all applications will be approved, and there is a risk of being denied entry upon returning to the US.

Secondly, Advance Parole is only available for specific travel purposes. DACA recipients must be travelling for educational, employment, or humanitarian reasons to be eligible for Advance Parole. Educational purposes include studying abroad or academic research. Humanitarian reasons may include visiting a sick or dying family member, receiving medical treatment, or visiting a recent grave.

It is important to note that DACA recipients who travel outside the country without Advance Parole will immediately lose their DACA status. This is a crucial consideration for any DACA recipient considering international travel. Losing DACA status can have significant implications for an individual's ability to remain in the US and access various rights and opportunities.

Additionally, the availability of Advance Parole for DACA recipients has changed over time. For example, the Trump administration temporarily removed the option for DACA recipients to apply for Advance Parole. While it has since been reinstated, there is no guarantee that it will remain an option in the future. Therefore, DACA recipients considering international travel should stay informed about the latest policies and seek up-to-date information from official sources.

Frequently asked questions