Travel Abroad for Deferred Action for Childhood Arrivals (DACA) Recipients

THIS INFORMATION WILL BE CHANGING AS MORE DETAILS COME THROUGH AFTER PRESIDENT’S OBAMA ANNOUNCEMENT.

Have you been approved* for DACA and want to travel abroad? Read the following helpful information and resources before you travel! [Also seek legal advice before applying- see frequently asked questions in this page]

*If you travel outside of the United States before USCIS has determined whether to defer action in your case, you will not be considered for deferred action under this process. If USCIS defers action in your case, you will be permitted to travel outside of the United States only if you apply for and receive advance parole from USCIS.

http://www.dreamactok.org/uploads/1/2/9/8/12983183/otd_advance_parole_flyer.pdf

Read more at Own The Dream’s flyer 

If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a  Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if your travel abroad will be in furtherance of:

  • humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;
  • educational purposes, such as semester-abroad programs and academic research, or;
  • employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.

Travel for vacation is not a valid basis for advance parole. Read more at USCIS’s official website: www.uscis.gov/i-131

Frequently Asked Questions

1. I received DACA. Can I travel outside of the U.S.? Yes, but you must apply to U.S. Citizenship and Immigration Services (USCIS) for permission to temporarily travel abroad and return to the U.S. This permission is known as “advance parole”. DACA recipients are eligible for advance parole if they have a qualifying humanitarian, employment or educational reason to travel abroad.

2. Should I seek legal advice before applying for permission to travel abroad?
Yes, absolutely. Special rules apply to advance parole applicants who have an outstanding deportation order or are currently in immigration court proceedings. In addition, travel on advance parole does not guarantee admission into the United States. For these reasons, it is important to consult with an attorney or Board of Immigration Appeals (BIA) accredited representative who can assess your case. You can search for legal help here: www.weownthedream.org/legalhelp as well as contact local lawyers in San Diego http://sandiegodreamteam.org/resources/list-of-lawyers/

3. What’s the process I’ll need to go through? : If after consulting an attorney you decide to apply for advance parole, the application must include:

http://undocu.berkeley.edu/cms/assets/uploads/2013/08/Travel-with-DACA-Handout_FINAL.pdf

Read more from UC Berkeley’s School of Law, here

• A completed USCIS Form I-131;
• A copy of your DACA approval notice;
• Two passport-sized photos;
• A copy of an official ID showing name and date of birth (Ex: copy of your CA ID);
• A filing fee of $360 (checks or money orders should be made payable to the “U.S.
Department of Homeland Security” – no abbreviations); and
• Supporting evidence of the purpose of travel: a statement describing the plan for
the trip (who, what, when, where) and its benefit/importance and evidence as to its
connection to an educational, humanitarian, or employment purpose.
o Examples of acceptable evidence include “a document showing enrollment in an educational program requiring travel” and “documentation of a family member’s serious illness or death.

It is recommended to apply for advance parole as far in advance as possible and at least three months before the expected date of your trip.

Where do I find personal accounts of people who have been approved for DACA and traveled abroad?

1. Check out Ju Hong’s official website where he shares his own experience/timeline applying for Advanced Parole, as well as DACA-related information: www.joinjuhong.com

2. There is a FB page where folks share their experiences and questions regarding Advanced Parole: Traveling Abroad with DACA