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With DACA and a travel document, some noncitizens may be able to leave the U.S. and return legally.
If you have applied for and received Deferred Action for Childhood Arrivals (DACA), this may be the first opportunity you’ve had in a long time to travel outside the U.S. and return legally. Something called “Advance Parole” makes it possible for you to leave the U.S. without losing your DACA status.
This possibility is neither automatic nor risk-free, however. This article will discuss both whether and how to apply for Advance Parole as a DACA recipient.
Risks of Traveling With Advance Parole as a DACA Recipient
Just to be clear, your DACA status is not enough by itself to allow you to leave the U.S. and be admitted back upon your return. You should not even attempt to travel without first applying for and receiving an Advance Parole Document. If you leave without Advance Parole, you will likely be denied reentry and your DACA approval will be cancelled.
However, being approved for Advance Parole does not guarantee your safe return either. The Customs and Border Protection (CBP) officer whom you will meet upon your return can deny your entry if he or she thinks you are “inadmissible,” most likely for health or security reasons. (It’s even possible that you would be found inadmissible based on your past unlawful presence in the U.S. and a three- or ten-year bar would be placed upon your return. Though recent legal decisions suggest that this is unlikely, it’ an unsettled part of immigration law and may change at any moment.) Plus, you’ll be in a weaker arguing position than someone who has, say, held a U.S. green card (lawful permanent residence) for a number of years.
Worse yet, if you have an outstanding order of removal or deportation on your record (perhaps because an immigration court ordered you deported, or you neglected to show up for a court hearing), leaving the U.S. could be viewed as your having followed through with the deportation. You would not be allowed to return to the U.S. for many years (the exact length depends on the reason for which you were ordered deported). Definitely see an attorney if you are in this situation. The attorney may be able to reopen the immigration proceedings and then have them closed based on your DACA grant.
Who Is Eligible to Apply for Advance Parole as a DACA Recipient
Simply wanting to take a vacation is not enough to qualify DACA recipients for an Advance Parole travel document. You will need to show not only that you have been approved for DACA, but that you have a reason for traveling, either for:
- urgent humanitarian purposes. which include medical assistance, to attend a family member’s funeral, visiting a sick relative, or some other urgent family-related matter
- educational purposes. including taking part in a study abroad program or doing academic research, or
- employment purposes. including overseas assignments or client meetings, interviews, conferences, training, and travel needed to pursue a job with a foreign employer in the United States.
Along with your application (described next), you will need to supply authoritative documentary evidence to back up whichever of these purposes you claim.
If you are in any doubt as to whether your reason for travel is sufficient, by all means consult an experienced immigration attorney. For what’s likely to be a flat fee, you will greatly improve your chances that your application fee won’t go to waste!
How to Apply for Advance Parole as a DACA Recipient
To apply for Advance Parole, you will need to submit the following to U.S. Citizenship and Immigration Services (USCIS):
- Form I-131, issued by USCIS (see below).
- Copy of a photo identity document, such as a driver’s license or passport identity page.
- Proof that you have been approved for DACA (Form I-797).
- Documents in support of your claimed basis for travel
- Information about your intended dates of travel and the duration of your trip or trips (which you should provide in Part 4 of Form I-131), and
- Application fee ($360 as of 2014; see the USCIS website for the latest).
Form I-131 is available from the USCIS website as a free download on the I-131, Application for Travel Document page of the USCIS website, as are extensive instructions. Form I-131 is used for a number of purposes, so be careful to focus only on the sections that apply to Advance Parole applicants.
For help in determining what sorts of documents to provide as proof of your reason for travel, see the “General Requirements” portion of the USCIS instructions, on Page 8 at 1.c.(5). The more official the documents you provide, the better. For example, if you wish to travel because of a family member’s death, you would want to provide a copy of the death certificate and/or funeral announcement. (Do not send in originals – you will not get them back.)
Again, consulting an experienced immigration attorney for an analysis of whether you should attempt to apply for Advance Parole and the risks of departure, and for help with preparing a convincing application, would be an excellent idea.
If Your Application for Advance Parole is Granted
If USCIS approves you for Advance Parole, it will send you a document, known as Form I-512L, Authorization for Parole of an Alien into the United States. Take this document (the original, not a copy) with you when you leave the U.S. -- you’ll need to show it before getting on the plane, ship, bus, or train headed back to the U.S. and to the CBP officer when you return.
Look closely at the form, because it contains the last date you can use it to return. Make sure you don’t stay outside the U.S. past that date.Source: www.nolo.com