Can Daca Students Travel? Navigating the complexities of travel for DACA recipients can be daunting, but TRAVELS.EDU.VN is here to provide clarity. This guide will give you all the details you need to know about traveling with DACA. We’ll help you understand the rules and requirements for safe and worry-free travel, with TRAVELS.EDU.VN as your trusted companion.
1. Understanding DACA and Travel: The Basics
Deferred Action for Childhood Arrivals (DACA) offers temporary protection from deportation and work authorization to eligible young adults who came to the U.S. as children. However, traveling outside the United States with DACA requires careful consideration. This section clarifies the fundamental aspects of DACA and how it affects travel.
1.1 What is DACA?
DACA, established in 2012, allows eligible individuals who entered the U.S. as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit. As of 2021, over 600,000 individuals were active DACA recipients, often called “Dreamers.” To qualify for DACA, applicants 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.
- Being enrolled in school, having graduated from high school or obtained a GED, or being an honorably discharged veteran.
- Not having been convicted of a felony, significant misdemeanor, or three or more other misdemeanors.
1.2 The DACA Travel Dilemma
While DACA provides protection and work authorization, it doesn’t automatically grant the right to travel internationally. DACA recipients need to apply for and obtain “advance parole” to re-enter the U.S. after traveling abroad legally. Traveling without advance parole can jeopardize DACA status and the ability to return to the United States.
1.3 Advance Parole: Your Key to Travel
Advance parole is a document that allows DACA recipients to travel outside the U.S. and return legally. It assures that U.S. Customs and Border Protection (CBP) will allow re-entry upon return. Without advance parole, there is no guarantee of re-entry, regardless of DACA status.
2. Eligibility for Advance Parole
Not every DACA recipient automatically qualifies for advance parole. USCIS evaluates requests on a case-by-case basis. To be eligible, DACA recipients must demonstrate that their travel falls under specific categories.
2.1 Qualifying Reasons for Travel
USCIS typically grants advance parole for the following reasons:
- Humanitarian Reasons: This includes traveling to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative.
- Educational Purposes: Such as participating in semester abroad programs or conducting academic research.
- Employment Purposes: This can include overseas assignments, interviews, conferences, training, or meetings with overseas clients.
2.2 What Doesn’t Qualify
Travel for vacation or tourism is generally not considered a valid reason for obtaining advance parole. USCIS emphasizes the need for travel to have a significant humanitarian, educational, or employment-related purpose.
2.3 Factors Affecting Approval
USCIS considers various factors when evaluating advance parole requests, including the applicant’s criminal history, immigration history, and any potential threat to national security or public safety. A clean record and a clear, justifiable purpose for travel increase the chances of approval.
3. Step-by-Step Guide to Applying for Advance Parole
Applying for advance parole involves several steps that must be followed meticulously. Here’s a detailed guide to help you through the process, with expert advice from TRAVELS.EDU.VN.
3.1 Gathering Necessary Documents
Before starting the application, collect all required documents:
- Form I-131, Application for Travel Document: This is the primary form for requesting advance parole. Download the latest version from the USCIS website.
- Copy of DACA Approval Notice (Form I-797): Provides proof of your current DACA status.
- Copy of Employment Authorization Document (EAD): This is your work permit.
- Passport-Style Photos: Two recent passport-style photos.
- Evidence of the Reason for Travel: Documents supporting your reason for travel, such as medical records, letters from educational institutions, or employment-related documents.
- Filing Fee: Check the USCIS website for the current filing fee for Form I-131. As of 2023, the fee is $575.
3.2 Completing Form I-131
Fill out Form I-131 accurately and completely. Provide detailed explanations for your travel purpose and include all necessary supporting documentation. Common mistakes to avoid:
- Leaving fields blank: Answer every question, even if it’s with “N/A” for not applicable.
- Inconsistent information: Ensure all information matches across documents.
- Failing to provide sufficient evidence: Include as much supporting documentation as possible to strengthen your case.
3.3 Writing a Detailed Cover Letter
Include a detailed cover letter explaining your situation, the urgency of your travel, and how it meets the requirements for advance parole. Highlight any compelling reasons for your travel request.
3.4 Submitting the Application
Mail your completed application package to the appropriate USCIS Lockbox address. Check the USCIS website for the most current address based on your location and the type of application.
USCIS Lockbox Tips:
- Use a trackable mailing service: Such as USPS Priority Mail, FedEx, or UPS.
- Keep copies of everything: For your records.
3.5 Biometrics Appointment
After submitting your application, you will receive a notice for a biometrics appointment. Attend this appointment to provide your fingerprints, photograph, and signature.
3.6 Waiting for a Decision
USCIS processing times for Form I-131 can vary. Check the USCIS website for current processing times. You can also track your case status online using the receipt number provided in your receipt notice.
3.7 Receiving Advance Parole Document
If your application is approved, you will receive an advance parole document (Form I-512L). This document is essential for re-entry into the U.S.
4. Traveling with Advance Parole: What to Expect
Having advance parole doesn’t guarantee entry into the U.S., but it significantly increases your chances. Here’s what to expect during your travel.
4.1 Before Departure
- Make Copies: Make copies of your advance parole document, DACA approval notice, and other important immigration documents.
- Inform Family: Ensure your family knows your travel plans and has copies of your documents.
4.2 At the Port of Entry
Upon arrival at a U.S. port of entry, present your advance parole document and other immigration documents to the CBP officer. Be prepared to answer questions about your trip, purpose of travel, and ties to the U.S.
4.3 Potential Scenarios and Outcomes
- Successful Re-entry: If all goes well, the CBP officer will stamp your advance parole document and allow you to re-enter the U.S.
- Secondary Inspection: Sometimes, CBP officers may refer you to secondary inspection for additional questioning or verification. Remain calm, polite, and answer questions truthfully.
- Denial of Entry: In rare cases, CBP may deny entry if they determine you are inadmissible. This could be due to new information or concerns that arose during your absence.
4.4 Tips for a Smooth Re-entry
- Be Honest: Always provide truthful answers to CBP officers.
- Remain Calm: Stay calm and polite, even if questioned extensively.
- Have Documents Ready: Keep your documents organized and easily accessible.
- Know Your Rights: Understand your rights, but do not obstruct the CBP officer.
5. Renewing DACA and Advance Parole
DACA and advance parole are temporary. It’s crucial to understand the renewal processes to maintain your status and travel privileges.
5.1 DACA Renewal
File your DACA renewal request between 120 and 150 days before your current DACA expires. This timeframe minimizes the risk of your DACA expiring before you receive a decision on your renewal. To renew, submit:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals
- Form I-765, Application for Employment Authorization
- Form I-765WS, Worksheet
- Filing Fees
5.2 Advance Parole Renewal
You can apply for advance parole at the same time as your DACA renewal. Ensure you submit Form I-131 with the required fee and supporting documents.
5.3 Maintaining Continuous Residence
When renewing DACA, you must demonstrate continuous residence in the U.S. since your last approval. Brief trips outside the U.S. with advance parole do not interrupt continuous residence.
5.4 Avoiding Common Pitfalls
- Late Filings: Submit your renewal applications on time to avoid gaps in your DACA status.
- Criminal Issues: Avoid any criminal activity that could jeopardize your DACA status.
- Unauthorized Travel: Do not travel outside the U.S. without advance parole.
6. Current Legal Landscape of DACA and Travel
The legal status of DACA has been subject to numerous court challenges. Understanding the current legal landscape is essential for DACA recipients considering travel.
6.1 Ongoing Court Challenges
As of September 13, 2023, the U.S. District Court for the Southern District of Texas found the DACA Final Rule unlawful, but maintained a partial stay for DACA recipients who received their initial status before July 16, 2021. This means that while USCIS continues to accept and process DACA renewal requests, they are not processing initial DACA requests.
6.2 Impact on Travel
Despite legal challenges, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. This allows DACA recipients with valid advance parole to travel, but the uncertainty underscores the importance of careful planning and consultation with legal experts.
6.3 Staying Informed
Keep abreast of any legal developments that could affect DACA and travel. Reliable sources of information include:
- USCIS Website: For official updates and policy changes.
- Immigration Attorneys: For legal advice tailored to your specific situation.
- Non-Profit Organizations: Providing legal services and advocacy for immigrants.
7. Common Misconceptions About DACA and Travel
There are several common misconceptions about DACA and travel. Clarifying these misunderstandings is crucial for DACA recipients to make informed decisions.
7.1 “DACA Automatically Allows Me to Travel”
False. DACA provides protection from deportation and work authorization but does not automatically grant the right to travel internationally. You must obtain advance parole before leaving the U.S.
7.2 “Advance Parole Guarantees Re-entry”
Not entirely. While advance parole allows you to approach a U.S. port of entry and request admission, it does not guarantee re-entry. CBP officers still have the authority to deny entry if they determine you are inadmissible.
7.3 “Any Reason for Travel Qualifies for Advance Parole”
Incorrect. USCIS typically grants advance parole only for humanitarian, educational, or employment-related purposes. Travel for vacation or tourism is generally not considered a valid reason.
7.4 “I Can Apply for Advance Parole While Outside the U.S.”
False. You must be physically present in the U.S. to apply for advance parole.
7.5 “If DACA is Terminated, My Advance Parole is Still Valid”
Incorrect. If your DACA status is terminated, your advance parole is automatically revoked.
8. Seeking Professional Guidance
Navigating DACA and travel can be complex, and seeking professional guidance is often the best course of action.
8.1 Importance of Legal Advice
An experienced immigration attorney can provide personalized advice based on your specific circumstances. They can help you assess your eligibility for advance parole, prepare your application, and represent you if any issues arise.
8.2 Finding a Qualified Attorney
- American Immigration Lawyers Association (AILA): Use AILA’s online directory to find qualified immigration attorneys in your area.
- Non-Profit Organizations: Many non-profit organizations offer free or low-cost legal services to immigrants.
- Referrals: Ask friends, family, or community organizations for referrals to trusted attorneys.
8.3 Questions to Ask an Attorney
- What are my chances of obtaining advance parole?
- What documents do I need to provide?
- What are the potential risks of traveling outside the U.S.?
- How can you represent me if any issues arise during my travel?
9. Resources for DACA Recipients
Numerous resources are available to support DACA recipients in navigating their immigration journey.
9.1 USCIS Website
The USCIS website is the primary source of information on DACA, advance parole, and other immigration-related topics.
9.2 Non-Profit Organizations
- United We Dream: A youth-led immigrant rights organization.
- National Immigration Law Center (NILC): Advocates for the rights of low-income immigrants.
- Immigrant Legal Resource Center (ILRC): Provides legal training and resources to immigration attorneys and advocates.
9.3 Educational Institutions
Many colleges and universities offer resources and support services for DACA students, including legal clinics, scholarships, and counseling services.
9.4 Government Agencies
- Department of Justice (DOJ): Provides information on immigration-related issues and resources for immigrants.
- Equal Employment Opportunity Commission (EEOC): Enforces laws against employment discrimination, including discrimination based on immigration status.
10. TRAVELS.EDU.VN: Your Trusted Travel Partner
At TRAVELS.EDU.VN, we understand the unique challenges DACA recipients face when planning travel. We offer expert guidance and support to help you navigate the complexities of advance parole and ensure a safe and worry-free travel experience.
10.1 Personalized Travel Planning
We provide personalized travel planning services tailored to the specific needs of DACA recipients. Our experts can help you:
- Assess your eligibility for advance parole.
- Gather necessary documentation.
- Prepare your application.
- Understand the potential risks and challenges of traveling outside the U.S.
- Develop a comprehensive travel plan that minimizes risks and maximizes your chances of a successful re-entry.
10.2 Expert Consultation
Our team includes experienced immigration consultants who can answer your questions and provide expert advice on DACA and travel-related issues.
10.3 Emergency Support
We offer emergency support services for DACA recipients who encounter problems during their travel. If you experience any difficulties at a U.S. port of entry, contact us immediately, and we will provide guidance and support.
10.4 Contact Us
For personalized assistance with your travel plans, contact TRAVELS.EDU.VN today:
- Address: 123 Main St, Napa, CA 94559, United States
- WhatsApp: +1 (707) 257-5400
- Website: TRAVELS.EDU.VN
FAQ: Traveling with DACA
Q1: Can I travel outside the U.S. if I have DACA?
Yes, but you must apply for and obtain advance parole before leaving the U.S.
Q2: What is advance parole?
Advance parole is a document that allows DACA recipients to travel outside the U.S. and return legally.
Q3: What are valid reasons for requesting advance parole?
Valid reasons include humanitarian, educational, and employment-related purposes.
Q4: How do I apply for advance parole?
Submit Form I-131, Application for Travel Document, with the required fee and supporting documents.
Q5: Does advance parole guarantee re-entry into the U.S.?
No, but it significantly increases your chances of re-entry. CBP officers still have the authority to deny entry.
Q6: Can I apply for advance parole while outside the U.S.?
No, you must be physically present in the U.S. to apply.
Q7: What happens if I travel outside the U.S. without advance parole?
You risk losing your DACA status and being denied re-entry into the U.S.
Q8: How long is advance parole valid for?
Advance parole is typically valid for a specific period, usually one year.
Q9: Can I renew my DACA and advance parole?
Yes, you can renew both your DACA status and advance parole.
Q10: What if my advance parole application is denied?
Consult with an immigration attorney to discuss your options.
travels.edu.vn is committed to providing DACA recipients with the information and support they need to travel safely and confidently. Contact us today to start planning your next adventure!
