Can I Travel With Expired Daca? Navigating travel with Deferred Action for Childhood Arrivals (DACA) status can be complex, especially when your DACA has expired. TRAVELS.EDU.VN provides clear guidance and support to help you understand the rules and regulations so you can plan your travel safely and confidently. We make staying informed simple. Understanding these regulations can simplify your travel plans, and our services can ensure smooth experiences.
1. Understanding DACA and Travel
1.1. What is DACA?
Deferred Action for Childhood Arrivals (DACA) is a policy that allows certain individuals who came to the United States as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit. Enacted in 2012, DACA provides temporary relief, offering those who qualify the chance to live and work without the constant threat of deportation. To qualify, individuals must meet several criteria, including having come to the U.S. before their 16th birthday, having continuously resided in the U.S. since June 15, 2007, and meeting certain educational or military service requirements.
1.2. DACA Final Rule
The Department of Homeland Security (DHS) issued the Deferred Action for Childhood Arrivals (DACA) Final Rule on August 30, 2022, aiming to preserve and fortify the DACA policy. Effective from October 31, 2022, this rule puts into effect regulations at 8 CFR 236.21-236.25, replacing the guidance set forth in the 2012 Napolitano Memorandum. The DACA Final Rule ensures that current DACA recipients’ grants of deferred action and work authorization remain valid until their existing terms expire. Any renewal requests are now governed by the regulations at 8 CFR 236.21-236.25.
1.3. The Critical Role of Advance Parole
Advance Parole is a document that allows DACA recipients to travel outside the United States and return legally. Without Advance Parole, leaving the U.S. can have severe consequences, potentially leading to denial of reentry and termination of DACA status. TRAVELS.EDU.VN emphasizes the importance of securing Advance Parole before any international travel. This is non-negotiable.
DACA recipients at an airport, emphasizing the importance of travel documents
2. Can You Travel with Expired DACA?
2.1. The Simple Answer: No
If your DACA status has expired, you cannot travel internationally and expect to re-enter the United States without facing significant risks. Expired DACA means you no longer have deferred action or legal permission to be in the U.S., which nullifies any previous travel permissions.
2.2. Legal Consequences of Traveling with Expired DACA
Attempting to re-enter the U.S. with expired DACA can lead to detention, initiation of removal proceedings, and a ban from future legal immigration. TRAVELS.EDU.VN strongly advises against any travel plans once your DACA has lapsed.
2.3. What Happens When Your DACA Expires
When DACA expires, you lose your protection from deportation and your work authorization. This also means you are no longer eligible for Advance Parole. To regain these benefits, you must renew your DACA status before planning any international travel.
3. DACA Renewal: Step-by-Step Guide
3.1. When to Renew
USCIS recommends filing your DACA renewal request between 120 and 150 days (4 to 5 months) before your current DACA expires, as indicated on your Form I-797 approval notice and Employment Authorization Document (EAD). Filing within this timeframe minimizes the risk of your DACA expiring before your renewal is processed.
3.2. Required Forms
To renew your DACA, you need to submit the following forms:
- Form I-821D: Consideration of Deferred Action for Childhood Arrivals. Ensure you are using the most current version available on the USCIS website.
- Form I-765: Application for Employment Authorization.
- Form I-765WS: Worksheet, demonstrating your economic need for employment.
- Filing fees for Forms I-821D and I-765. Check the USCIS Fee Schedule for the most current amounts.
3.3. How to File
Renewal requests can be filed either online or via mail.
- Online Filing: DACA recipients can submit their renewal requests online through a USCIS online account. This method offers a secure and convenient way to submit forms, pay fees, and track the status of your application.
- Filing via Mail: If you prefer to file by mail, send your completed forms and supporting documents to the USCIS Lockbox facility. Check the Form I-821D webpage for the correct mailing address and instructions.
3.4. Biometrics Appointment
After submitting your renewal request, USCIS will review it for completeness. If necessary, you will receive an appointment notice to visit an Application Support Center (ASC) for biometric services. Attend this appointment as scheduled, as failure to do so may delay or result in the denial of your request.
3.5. What Happens After You File
Once USCIS determines that your request is complete, you will receive a receipt notice. USCIS will then review your request on a case-by-case basis. They may request additional information or evidence from you or ask you to appear at a USCIS office. You will receive written notification of their determination.
3.6. Additional Tips for Successful Renewal
- Complete all sections accurately: Ensure all forms are filled out completely and accurately.
- Include all required documentation: Provide all necessary supporting documents as outlined in the form instructions.
- Pay the correct fees: Submit the correct filing fees for all forms.
- Keep copies of everything: Keep copies of all forms and documents you submit for your records.
- Track your application: Use the online case status tool on the USCIS website to track the progress of your application.
Filing cabinet with DACA documents, symbolizing thorough preparation
4. Obtaining Advance Parole
4.1. Eligibility for Advance Parole
To travel outside the U.S. with DACA, you must obtain Advance Parole by filing Form I-131, Application for Travel Document. Advance Parole allows you to return to the U.S. after traveling abroad without jeopardizing your DACA status.
4.2. Acceptable Reasons for Travel
USCIS generally grants Advance Parole for the following reasons:
- Humanitarian Purposes: Includes obtaining medical treatment, attending funeral services for a family member, or visiting an ailing relative.
- Educational Purposes: Encompasses semester abroad programs and academic research.
- Employment Purposes: Covers overseas assignments, interviews, conferences, training, or meetings with overseas clients.
4.3. How to Apply for Advance Parole
To apply for Advance Parole, you need to:
- File Form I-131, Application for Travel Document.
- Pay the required filing fee, as listed on the USCIS website.
- Provide detailed documentation supporting your reason for travel.
4.4. Filing While Awaiting DACA Renewal
You can file for Advance Parole while your DACA renewal is pending. However, USCIS recommends submitting your DACA renewal request between 120 and 150 days before your current DACA expires to ensure you have a valid DACA status when your Form I-131 is adjudicated.
4.5. Important Caution
If you have been ordered deported or removed, consult with an immigration attorney before applying for Advance Parole. Leaving the U.S. without addressing your removal proceedings can have serious consequences. Seek to reopen your case before the EOIR and obtain administrative closure or termination of your removal proceeding.
5. Situations Where Travel Might Be Possible
5.1. Emergency Situations
In extremely urgent situations, such as a medical emergency or a family member’s death, you may request an emergency advance parole appointment at your local USCIS field office. Contact the USCIS Contact Center to schedule an appointment and bring the following items:
- Completed and signed Form I-131
- Correct Form I-131 filing fee
- Evidence to support the emergency request (medical documentation, death certificate, etc.)
- Two passport-style photos
5.2. Parole in Place
Parole in Place is granted to certain non-citizens who are already in the United States, allowing them to adjust their status without leaving the country. Although specific circumstances dictate eligibility, TRAVELS.EDU.VN can assess your situation to determine if this is a viable option. This process can make the prospect of status adjustment less daunting.
Family receiving travel documents, symbolizing reunited families through legal means
6. Understanding the Risks of Unauthorized Travel
6.1. Interruption of Continuous Residence
Any unauthorized travel outside of the United States on or after August 15, 2012, will interrupt your continuous residence and may make you ineligible for DACA renewal.
6.2. Deportation and Removal Orders
If you have been ordered deported or removed, leaving the United States may mean you are considered deported or removed, which can have severe future immigration consequences.
6.3. Termination of DACA
USCIS may terminate your DACA grant if you depart from the United States without first obtaining an advance parole document and subsequently enter the United States without inspection.
7. Addressing Common Concerns and Misconceptions
7.1. Expired DACA and Domestic Travel
While expired DACA does not directly prevent domestic travel within the U.S., it is essential to carry valid identification and be aware of potential interactions with law enforcement. Always be prepared to provide necessary documentation.
7.2. Renewing DACA After Expiration
If your DACA has expired, you can still request to renew it. If you file within one year of its expiration, you may submit a request to renew your DACA. If you are filing beyond one year after your most recent DACA period expired, or if your most recent grant of DACA was terminated at any time, you may still request DACA by submitting a new initial request.
7.3. Seeking Legal Advice
Navigating DACA and travel regulations can be complex. TRAVELS.EDU.VN recommends consulting with an experienced immigration attorney for personalized advice and guidance.
8. Staying Informed: Resources and Updates
8.1. USCIS Official Website
The USCIS website is the most reliable source for up-to-date information on DACA, Advance Parole, and related immigration policies. Regularly check the site for announcements, policy changes, and form updates.
8.2. TRAVELS.EDU.VN Resources
TRAVELS.EDU.VN offers comprehensive resources and support for DACA recipients, including guides, articles, and personalized assistance. We are committed to keeping you informed and empowered.
8.3. Community Organizations
Numerous community organizations and legal aid societies provide free or low-cost legal services and support to DACA recipients. These organizations can offer valuable assistance with DACA renewal and Advance Parole applications.
9. The Role of TRAVELS.EDU.VN in Your Travel Plans
9.1. Personalized Guidance
At TRAVELS.EDU.VN, we understand the complexities of traveling with DACA. We offer personalized guidance to help you navigate the process, ensuring you understand your rights and responsibilities.
9.2. Expert Consultation
Our expert consultants can assess your specific situation and provide tailored advice on DACA renewal, Advance Parole, and travel planning. We stay up-to-date with the latest immigration policies to offer you the most accurate and reliable information.
9.3. Support Throughout the Process
From filling out forms to preparing for interviews, TRAVELS.EDU.VN provides support every step of the way. We are committed to helping you achieve your travel goals safely and confidently.
10. Call to Action
Can I travel with expired DACA? No, but don’t let expired DACA status hold you back. Renew your DACA and secure Advance Parole with TRAVELS.EDU.VN. Contact us today for a consultation and let us guide you through the process.
10.1. Immediate Consultation
Contact TRAVELS.EDU.VN now for immediate assistance with your DACA renewal and travel plans. Our expert team is ready to help you navigate the process with confidence.
Contact Information:
- Address: 123 Main St, Napa, CA 94559, United States
- WhatsApp: +1 (707) 257-5400
- Website: TRAVELS.EDU.VN
10.2. Special Offer for Napa Valley Services
As a special offer, clients who book a consultation through TRAVELS.EDU.VN for DACA and travel-related inquiries will receive a discount on our premium Napa Valley travel packages. Explore the beauty of Napa Valley with peace of mind, knowing your immigration status is secure.
10.3. Schedule Your Consultation
Don’t wait! Schedule your consultation with TRAVELS.EDU.VN today and take the first step toward renewing your DACA and planning your next adventure. Our team is here to provide you with the support and guidance you need.
By contacting us, you can take the necessary steps to protect your DACA status and explore your travel options with confidence. TRAVELS.EDU.VN is committed to helping you navigate the complexities of immigration and travel, ensuring a smooth and worry-free experience.
This comprehensive guide equips you with the knowledge to handle travel situations related to expired or active DACA status. We at TRAVELS.EDU.VN want you to consider planning all your trips and adventures with us!
FAQ: Traveling with DACA
Q1: Can I travel outside the U.S. if my DACA is expired?
A: No, you cannot travel outside the U.S. if your DACA is expired. Re-entry may be denied, leading to serious immigration consequences.
Q2: How soon before my DACA expires should I apply for renewal?
A: It is recommended to apply for DACA renewal between 120 and 150 days (4 to 5 months) before your current DACA expires.
Q3: What documents do I need to renew my DACA?
A: You need to submit Form I-821D, Form I-765, Form I-765WS, and the required filing fees.
Q4: Can I file for Advance Parole while my DACA renewal is pending?
A: Yes, you can file for Advance Parole while your DACA renewal is pending, but ensure your DACA is valid when the Advance Parole is adjudicated.
Q5: What are acceptable reasons to apply for Advance Parole?
A: Acceptable reasons include humanitarian, educational, and employment purposes, but not for vacation.
Q6: What happens if I travel without Advance Parole?
A: Traveling without Advance Parole can lead to denial of re-entry, termination of DACA status, and serious immigration consequences.
Q7: If I have a deportation order, can I still apply for Advance Parole?
A: Consult with an immigration attorney before applying for Advance Parole if you have a deportation order.
Q8: What should I do in an emergency travel situation?
A: Request an emergency advance parole appointment at your local USCIS field office with supporting documents for the emergency.
Q9: Is domestic travel affected by my expired DACA status?
A: While expired DACA doesn’t directly prevent domestic travel, it’s crucial to carry valid identification.
Q10: Where can I find reliable information on DACA and travel policies?
A: The USCIS official website and travels.edu.vn are reliable sources for updated information.
