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Understanding Travel Risks for DACA Holders

Eligibility Requirements and Why You Should Always Speak with Any Attorney Before You Travel

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What Is an Advanced Parole?

  • Advance parole is a travel document (i.e. I-512L) that gives you temporary permission to travel outside the United States.
  • Advance parole must be requested and approved before you leave the United States.

What Are the Eligibility Requirements?

  • If you are a Deferred Action for Childhood Arrivals (DACA) recipient, you may apply for permission to leave the United States for the following reasons:
    • Humanitarian purposes, such as seeking medical care, attending family funerals, or visiting ill relatives.
    • Educational  purposes,  such as  participating in study abroad programs or conducting academic research.
    • Employment-related travel, including overseas assignments, client meetings, or attending conferences.

Eligibility Requirements,Understanding the Risks, and You Should Always Speak with Any Attorney Before You Travel

  • Only individuals who currently have DACA may apply for advance parole. At this time, USCIS is accepting renewals but cannot process initial DACA requests.
  • If you leave the United States without permission, you might not be allowed back in, and you could lose your DACA status.
  • If your advance parole document expires while you are outside of the United States, you may face challenges re-entering the United States.
  • Even if you have advance parole, Customs and Border Protection (CBP) officers have the final say on re-entry. They can deny you entry for health, security, or other inadmissibility reasons.
  • Typically, past unlawful presence is not an issue for DACA recipients traveling with advance parole, but if you’ve entered the United States illegally more than once, you might be subject to a permanent bar.
  • If you have an outstanding removal or deportation order, traveling outside the United States might activate that order, potentially resulting in a long- term ban on re-entering the country. Additionally, exercise caution if you are currently in removal proceedings, have an unresolved voluntary departure order, or are subject to an in absentia order. In such situations, seeking legal advice is essential. An experienced attorney might be able to reopen your immigration court case and potentially have it closed, considering your DACA status.
  • If you’ve been previously removed or deported from the United States, using advance parole can be risky.



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