Traveling abroad as a DACA recipient can be a complex process. While DACA itself doesn’t provide a direct pathway to international travel, a mechanism called Advance Parole allows DACA recipients to travel outside the United States under specific circumstances. This guide aims to provide a comprehensive overview of traveling abroad with Advance Parole, focusing on key considerations and potential challenges.
Understanding Advance Parole for DACA Recipients
Advance Parole is a document that permits certain non-citizens, including DACA recipients, to temporarily leave and re-enter the United States legally. It’s crucial to understand that Advance Parole is not a visa and doesn’t guarantee re-entry. However, it allows DACA recipients to apply for permission to return to the U.S. after traveling abroad for humanitarian, educational, or employment purposes.
Applying for Advance Parole
To obtain Advance Parole, DACA recipients must apply through U.S. Citizenship and Immigration Services (USCIS) by filing Form I-131, Application for Travel Document. The application requires a detailed explanation of the reason for travel, supporting documentation, and the required fee. Acceptable reasons typically fall under the categories mentioned above: humanitarian, educational, or employment.
Navigating Airline Procedures
When traveling back to the United States, airlines often require in-person check-in. Airline attendants might ask for a U.S. visa or green card. This is the time to inform them that you are traveling with Advance Parole and present the document.
It’s essential to emphasize that airlines might not always be familiar with Advance Parole. Therefore, it’s wise to arrive at the airport well in advance to allow sufficient time for them to validate your travel document. Crucially, ensure the airline does not retain your original Advance Parole document, as you will need to present it to Customs and Border Protection (CBP) upon re-entry into the United States.
Dealing with Passport Control Outside the U.S.
If your itinerary includes connecting flights outside the U.S., you may encounter “Passport Control.” Similar to airline check-in, officials might request to see your U.S. visa or green card. Again, inform them that you reside in the U.S. and are traveling with Advance Parole, a document issued by the U.S. government permitting re-entry. Depending on the agent, they may ask to see the Advance Parole document. It’s vital to ensure ample time to complete this process to avoid missing your connecting flight. And once more, never relinquish your original Advance Parole document to foreign officials; it’s required for re-entry into the United States.
Potential Challenges and Risks
Even with Advance Parole, there are inherent risks involved in traveling abroad as a DACA recipient. The most significant risk is the possibility of being denied re-entry into the United States. While Advance Parole indicates prior approval for re-entry, CBP officers at the port of entry have the final authority to make that determination. They can deny entry if they find that the individual is inadmissible under U.S. immigration laws.
Minimizing Risks and Ensuring a Smooth Return
To minimize risks, DACA recipients should:
- Consult with an immigration attorney: Before applying for Advance Parole and traveling, it’s highly recommended to consult with an experienced immigration attorney. They can assess your specific situation, advise you on potential risks, and help you prepare your application.
- Carry all necessary documentation: In addition to your Advance Parole document, carry your DACA approval notice, employment authorization document (EAD), and any other relevant documentation that demonstrates your ties to the United States.
- Be prepared for scrutiny: CBP officers may ask detailed questions about your trip, your reasons for traveling, and your intentions upon returning to the U.S. Answer honestly and respectfully.
- Understand your rights: Familiarize yourself with your rights as an immigrant in the United States. If you feel you are being treated unfairly, remain calm and polite, and request to speak with a supervisor.
Conclusion
Traveling abroad as a DACA recipient is possible with Advance Parole, but it requires careful planning and awareness of potential risks. By understanding the application process, navigating airline and passport control procedures, and taking steps to minimize risks, DACA recipients can increase their chances of a successful trip and a smooth return to the United States. Remember to consult with an immigration attorney to discuss your specific circumstances and ensure you are well-prepared for your travels. Always prioritize keeping your original Advance Parole document safe and accessible.
