TRAVELING ABROAD FOR DACA APPLICANTS: ADVANCE PAROLE
There may be times when you must travel abroad. Perhaps because of work, or you might want to study temporarily in a foreign country. It may also be because a dear relative from your home country is severely sick. Suddenly leaving the country may leave you unable to renew your DACA again. So, what do you do in that case?
The answer of course is DACA Advance Parole. Thanks to this document, you may be able to temporarily leave the country without issues.
ADVANCE PAROLE…WHAT IS IT?
You may need to travel for work purposes, educational purposes or even personal reasons. The problem is that if you try to leave the U.S. while on DACA, there is a high chance you will no longer be allowed to re-enter the country.
This is why the advance parole exists. With this temporary travel authorization document, people in DACA status may exit and re-enter the United States if the situation asks for it. The advance parole functions like a visa that offers you permission to return without risking your status.
HOW DO YOU TRAVEL ON ADVANCE PAROLE?
One of the conditions for receiving DACA status is to not leave the United States. For this reason, some people may be discouraged from actually trying to leave the country.
If you want to travel, you simply have to apply for Advance Parole, which will give you permission to leave the country and travel. This request to the USCIS will allow you to go outside the U.S. and then return lawfully.
PROS
The advance parole has its own advantages, making it beneficial to apply. The biggest advantage is the ability to travel abroad and then return without compromising your status.
In addition, Advance Parole under DACA also provides the opportunity to work or study abroad temporarily. That said, if you have got your sights set on one of these experiences, then it is likely you will be allowed to leave the country. You may also request advance parole in order to visit your sick or elderly relatives.
Finally, Advance Parole under DACA proves to USCIS that you have a “last legal entry,” for Adjustment of Status purposes. In short, it may be easier for some green card applicants to apply for permanent residence after receiving this legal entry stamp after Advance Parole travel.
CONS
There are advantages of traveling with DACA but there are also a few disadvantages. If you want to go outside the U.S. on advance parole, here are some things you might want to remember:
- It costs $360 to apply for a DACA Advance Parole.
- You have limited time for traveling.
- Not every reason for traveling is approved.
As a result, you might want to be careful about why you want to travel. For instance, if you want to travel for pleasure, your application will be denied. On the other hand, if it’s something you need to do, not just want, then you may just receive approval.
WHO IS ELIGIBLE?
Advance Parole applicant under DACA may be granted travel authorization only if their purpose is within the following categories:
- Humanitarian: Such as traveling to obtain medical treatment, visit an elderly or sick family member, or attending the funeral of a family member.
- Employment: Such as going on an overseas assignment, conference, interview, work meeting, or training.
- Educational: Such as conducting academic research or doing a semester abroad as a DACA student.
If you can prove to the USCIS that this trip is something you need to do and not something you just want to do, you may just be granted your advance parole.
TIPS FOR TRAVELING ON ADVANCE PAROLE
Here are some quick tips to consider:
- Before you leave the country, talk with an immigration attorney. They will inform you of any issues that might arise.
- Don’t miss the deadline for returning to the United States that you have listed on your Advance Parole application. Staying past that date might prevent you from returning.
- When filling in your return date, leave in some extra time. This will accommodate any delays occurring during your travel.
- Bring a copy of your DACA approval notice, as well as the approval notice for your Advance Parole.
- Leave some copies of your approval notices to one of your trusted friends or relatives in the United States.
- Make sure you have a list of your emergency contacts with you.
In short, as long as you respect the terms of your advance parole, there is no reason why you should be prevented from returning to the United States. Granted, some precautionary steps should also be taken to prevent any worst-case scenarios. If you have any questions regarding Advance Parole under DACA, or any other immigration based application or petition, feel free to contact Buda Law Group and we will be more than happy to offer you a free consultation
