Traveling With Daca: What You Need To Know

DACA, or Deferred Action for Childhood Arrivals, is a form of prosecutorial discretion that does not confer lawful permanent resident status or provide a path to citizenship. DACA recipients are not automatically authorized to travel outside the United States. However, they may be able to obtain permission to travel through a process called Advance Parole. This process allows DACA recipients to leave the country and re-enter lawfully for specific reasons, such as employment, education, or humanitarian purposes. Obtaining Advance Parole can be a complex process, and it is recommended that individuals consult with an immigration attorney to understand the risks and eligibility criteria.

Advance Parole application process

The Advance Parole application process allows DACA recipients to travel outside the United States and return lawfully. The process involves several steps and requirements that must be carefully followed to ensure a successful application. Here is a detailed guide on the Advance Parole application process for DACA recipients:

Step 1: Identify Your Reason for Travel

Firstly, it is crucial to understand that eligibility for Advance Parole as a DACA recipient is limited to specific purposes. DACA recipients can only obtain Advance Parole for three categories: educational, employment, or humanitarian reasons. Vacations and leisure trips do not qualify for Advance Parole under DACA. Therefore, the first step is to ensure that your intended travel falls within one of these three categories.

Step 2: Complete Form I-131 and Gather Supporting Documents

To apply for Advance Parole, you need to fill out Form I-131: Application for Travel Document. This form requires you to provide information such as your reason for travelling, the planned departure date, and the expected return date. Along with the form, you must submit supporting documents, including:

• A copy of your photo identity document (e.g., passport or driver's license)
• Two identical passport-style photographs taken within 30 days of filing the application
• Proof of your current status in the United States, such as your DACA approval
• A clear explanation of your eligibility for Advance Parole
• Evidence supporting the purpose of your travel (e.g., medical records, letters from employers or educational institutions)

Step 3: Assemble Your Application Packet and Pay the Filing Fee

Once you have completed Form I-131 and gathered the required supporting documents, it's time to assemble your application packet. Make sure to include all the necessary documents and double-check that nothing is missing. Additionally, you must pay a filing fee, which is currently $575 (as of 2024). This fee can be paid by check, money order, or credit card (by filing Form G-1450).

Step 4: Mail Your Application Packet

The next step is to mail your completed application packet to the U.S. Citizenship and Immigration Services (USCIS). Ensure that you use the correct mailing address, which can be found on the USCIS website. It is recommended to mail your application as soon as possible and no later than 3-4 weeks before your planned trip.

Step 5: Receive Your Advance Parole Travel Document

After USCIS approves your Advance Parole request, they will send you your travel permit by mail. This process typically takes around 2-3 weeks. Therefore, it is crucial to ensure that the mailing address on your Form I-131 is correct. Once you receive your travel document, you are authorised to travel outside the United States and can present this document upon your return to the country.

Additional Considerations:

• The entire Advance Parole application process can take approximately six months, so it is important to plan accordingly.
• Consult with a legal aid immigration attorney before travelling to ensure a thorough understanding of your situation and any potential issues.
• When stating your return date on the application, consider adding a few extra days to account for any possible travel delays.
• Always carry relevant documents with you when travelling, such as your Advance Parole approval and DACA approval.
• Be aware of the risks associated with Advance Parole, including the possibility of being deemed "inadmissible" by Customs and Border Protection upon your return.

Advance Parole eligibility criteria

Eligibility criteria for Advance Parole:

Advance Parole is a process in U.S. immigration law that allows certain noncitizens to leave the U.S. and re-enter lawfully. DACA (Deferred Action for Childhood Arrivals) recipients can apply for Advance Parole for three types of travel: employment, educational, or humanitarian reasons.

Humanitarian travel includes obtaining medical treatment, visiting sick relatives, taking care of an immediate relative, or attending an overseas funeral. Educational purposes include study abroad programs and academic research trips. Employment-related travel includes work assignments, conferences, training seminars, or job interviews.

To be eligible for Advance Parole, DACA recipients must meet the following criteria:

• Have a valid DACA status: This means that the applicant has been approved for DACA and has not had their status cancelled or terminated.
• Have a valid reason for travel: Applicants must demonstrate that their travel falls under one of the three categories: humanitarian, educational, or employment purposes. Vacations and leisure trips are not considered valid reasons for travel under Advance Parole for DACA recipients.
• Complete Form I-131: Applicants must fill out and submit Form I-131: Application for Travel Document to the U.S. Citizenship and Immigration Services (USCIS). This form requires information such as the reason for travel, intended dates of travel, and duration of the trip.
• Provide supporting documents: Along with Form I-131, applicants must submit various supporting documents, including a copy of a photo identity document (such as a passport or driver's license), proof of DACA approval (Form I-797), and documents supporting the claimed basis for travel. These documents must be in English or have a certified English translation.
• Pay the filing fee: There is a filing fee associated with the Advance Parole application, which is currently $575 or $630 (including biometrics services) as of April 1, 2024. This fee is non-refundable, even if the application is denied.

It is important to note that Advance Parole for DACA recipients is not a guarantee and comes with certain risks. Applicants should carefully consider their eligibility and consult with an experienced immigration attorney before applying. The approval process can take between 5 and 17 months, and there is a possibility of being denied re-entry into the U.S. even with an approved Advance Parole document.

Advance Parole risks

Advance Parole is not without its risks. Here are some of the dangers you should be aware of:

• Risk of being denied re-entry: Even with Advance Parole, re-entry to the U.S. is not guaranteed. A Customs and Border Protection (CBP) officer can deny your entry if they believe you are "inadmissible," typically for health or security reasons.
• Risk of encountering travel delays: If your Advance Parole document expires while you are still abroad, you will be blocked from entering the U.S. entirely.
• Risk of triggering negative immigration consequences: If you have a removal or deportation order on your record, leaving the U.S. with Advance Parole could be seen as following through with the deportation. In this case, you would be barred from re-entering the U.S. for several years.
• Risk of not having a valid reason for travel: Simply wanting to take a vacation or visit family is not sufficient for qualifying for Advance Parole. You must demonstrate that your travel is for humanitarian, educational, or employment purposes.
• Risk of not having the proper documentation: When returning to the U.S., you will need to present your Advance Parole document, passport, Employment Authorization Card, and other relevant documents. Failure to have the proper documentation could result in being denied entry.
• Risk of having your DACA status revoked: If you leave the U.S. without Advance Parole, your DACA approval will be cancelled, and you will be unable to re-enter the country.

DACA renewal

DACA, or Deferred Action for Childhood Arrivals, is a process that allows recipients to travel outside the United States and re-enter lawfully. To do this, DACA recipients must apply for Advance Parole, which is a document that allows immigrants to leave and re-enter the US.

Advance Parole is not automatically granted to DACA recipients. To be eligible, recipients must prove that their travel is for educational, employment, or humanitarian purposes. Humanitarian travel includes medical treatment, visiting sick relatives, taking care of an immediate relative, or attending an overseas funeral. Employment-related travel includes work assignments, conferences, training seminars, or job interviews. Educational purposes include study abroad programs or academic research trips.

The application process for Advance Parole typically takes about six months and requires the following steps:

• Identify your reason for travel, which must fall under one of the three categories mentioned above.
• Complete Form I-131: Application for Travel Document, stating your reason for travel, planned departure date, and return date. Provide supporting documents such as a photo identity document, two passport-style photographs, proof of your current status in the US, and evidence of your reason for travel.
• Assemble your application packet and pay the $575 filing fee.
• Mail your application packet to the USCIS mailing address.
• Receive your Advance Parole Travel Document within 2-3 weeks of approval.

It is important to note that Advance Parole for DACA recipients does not permit travel for vacations or leisure trips. There must be exceptional circumstances for the application to be approved.

Regarding DACA renewal, here is some key information:

• It is recommended to submit a DACA renewal request between 120 and 150 days before the expiration date on your current DACA approval notice (Form I-797) and employment authorization document (EAD).
• Filing within this timeframe reduces the risk of your current DACA and employment authorization expiring before a decision is made on your renewal request.
• You can file your renewal request online, which allows you to track your case, respond to requests for evidence electronically, and communicate with USCIS through your online account.
• Ensure that your request is complete and that you are using the most recent versions of the required forms: Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and the Form I-765 Worksheet.
• As of April 1, 2024, the Form I-765 filing fee is $520 for paper submissions and $470 for online submissions. The Form I-821D filing fee remains at $85.
• If you file your renewal request more than one year after your current DACA expires, it will be considered an initial request, and due to recent court rulings, USCIS will not be able to approve it at this time.

For the most up-to-date information on DACA renewal, it is advisable to refer to the USCIS website and seek guidance from official sources or immigration attorneys.

DACA criminal convictions

The Deferred Action for Childhood Arrivals (DACA) program is a form of prosecutorial discretion that does not confer lawful permanent resident status or provide a path to citizenship. It is available to individuals who can demonstrate that they meet certain threshold criteria and merit a favourable exercise of discretion.

Criminal Background Check

US Citizenship and Immigration Services (USCIS) will conduct a criminal background check as part of the DACA application process. They will take your fingerprints, photos and signature, and use this biometric information to conduct a background check. This will help them determine whether you qualify for DACA.

Disqualifying Criminal Offences

Certain criminal offences will almost always disqualify you from DACA. These include:

• Felonies
• Significant misdemeanours
• Three or more non-significant misdemeanours

Felonies

Felonies are federal, state or local criminal offences punishable by imprisonment for a term exceeding one year. A single conviction for a felony offence will likely disqualify you from DACA.

Significant Misdemeanours

"Significant misdemeanours" are federal, state or local offences punishable by imprisonment of more than five days up to one year. You won't qualify for DACA if your significant misdemeanours include:

• Unlawful possession or use of a firearm
• Drug distribution or trafficking
• Driving under the influence (DUI)
• A significant misdemeanour with a jail sentence of more than 90 days (a suspended sentence won't count towards the 90 days)

Three or More Non-Significant Misdemeanour Offences

You won't qualify for DACA if you've committed three or more non-significant misdemeanours, defined as federal, state or local offences punishable by imprisonment of five days up to one year. These must have happened on different occasions to count against you.

Other Factors

Even if you don't have any of the above criminal convictions on your record, USCIS will use its discretion to evaluate your criminal record and may still deny your application if they have concerns over the risks you might pose to others.

Seeking Legal Help

It is crucial for DACA applicants with criminal records to get extra legal help. You can find affordable legal resources on the USA.gov website and the government's legal aid resources page.

Frequently asked questions