Can I Travel With My Daca Card? Absolutely, but there are crucial stipulations. Deferred Action for Childhood Arrivals (DACA) recipients can travel outside the United States, but it’s not as simple as presenting your DACA card at the airport. You’ll need an advance parole document. TRAVELS.EDU.VN is here to help you navigate the process of obtaining advance parole, ensuring your travel plans are both safe and compliant with current regulations. Planning your trip with us ensures peace of mind and expert guidance. Consider TRAVELS.EDU.VN for your next adventure.
1. Understanding Deferred Action for Childhood Arrivals (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. DACA does not provide lawful immigration status, but it does allow recipients to live and work in the U.S. without fear of deportation, provided they meet certain criteria and maintain a clean record.
1.1. Eligibility Criteria for DACA
To be eligible for DACA, individuals must meet several key requirements. According to USCIS, as of June 15, 2012, you must have:
- Were under the age of 31 as of June 15, 2012 (born on or after June 16, 1981)
- Came to the United States before reaching your 16th birthday
- Continuously resided in the United States since June 15, 2007, up to the time of filing your request
- Were physically present in the United States on June 15, 2012, and at the time of filing your request
- Had no lawful immigration status on June 15, 2012
- Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States; and
- Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Meeting these criteria is essential for initial DACA approval and subsequent renewals.
1.2. Current Status of DACA
The DACA program has faced numerous legal challenges since its inception. Most recently, on September 13, 2023, the U.S. District Court for the Southern District of Texas found the DACA Final Rule unlawful, expanding an injunction to cover the Final Rule. However, the court maintained a partial stay of the order for DACA recipients who received their initial status before July 16, 2021.
Despite these legal battles, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. USCIS continues to accept and process DACA renewal requests, but, in accordance with the court order, is not processing initial DACA requests at this time.
2. The Role of Advance Parole
While DACA provides protection from deportation and work authorization, it does not grant the ability to travel internationally without prior authorization. This is where advance parole comes in.
2.1. What is Advance Parole?
Advance parole is a document issued by USCIS that allows certain non-citizens, including DACA recipients, to travel outside the United States and return legally. It essentially grants permission to re-enter the U.S. after a temporary absence.
2.2. Why is Advance Parole Necessary for DACA Recipients?
Without advance parole, leaving the United States could jeopardize your DACA status. According to USCIS, any unauthorized travel outside of the United States on or after August 15, 2012, will interrupt your continuous residence, making you ineligible for DACA renewal. Obtaining advance parole ensures that your departure and return are authorized, preserving your DACA status.
2.3. Valid Reasons for Applying for Advance Parole
USCIS generally grants advance parole for specific reasons. Common reasons include:
- Humanitarian Purposes: Such as obtaining medical treatment, attending funeral services for a family member, or visiting an ailing relative.
- Educational Purposes: Such as semester abroad programs and academic research.
- Employment Purposes: Such as overseas assignments, interviews, conferences, training, or meetings with clients.
Vacation is not considered a valid reason for advance parole. When applying, be prepared to provide detailed documentation supporting your reason for travel. Let TRAVELS.EDU.VN help you prepare for any of these purposes.
3. Step-by-Step Guide to Applying for Advance Parole
Applying for advance parole involves several steps. Here’s a detailed guide to help you through the process:
3.1. Eligibility Requirements
To apply for advance parole as a DACA recipient, you must:
- Currently have DACA status.
- Have a valid reason for traveling, such as humanitarian, educational, or employment purposes.
- Not be subject to any outstanding orders of deportation or removal (though having a prior order does not automatically disqualify you).
3.2. Filling Out Form I-131
The first step is to complete Form I-131, Application for Travel Document.
Here’s how to fill it out accurately:
- Part 1: Provide your personal information, including your name, address, date of birth, and A-number (Alien Registration Number).
- Part 2: Application Type: Check box 1.a, “I am applying for an advance parole document to allow me to return to the United States after temporary travel abroad.”
- Part 3: Processing Information: Provide details about your intended travel, including the purpose of your trip, the countries you plan to visit, and the expected dates of departure and return. Be as specific as possible.
- Part 4: Biographical Information: Answer questions about your immigration history and background.
- Part 7: Signature: Sign and date the form. If you are under 14, your parent or legal guardian must sign.
3.3. Gathering Supporting Documents
Collect all necessary supporting documents to include with your application. These documents provide evidence of your DACA status and the reason for your travel. Essential documents include:
- Copy of your DACA approval notice (Form I-797).
- Copy of your Employment Authorization Document (EAD card).
- A detailed explanation of the reasons for your travel, including supporting evidence. For example:
- For Humanitarian Reasons: Include medical records, funeral announcements, or letters from doctors or family members.
- For Educational Reasons: Include letters of acceptance to study abroad programs or documentation of academic research.
- For Employment Reasons: Include letters from your employer, conference invitations, or training schedules.
- Two passport-style photos.
- Copy of any previous immigration documents.
- Evidence of continuous residence in the U.S. (e.g., rent receipts, utility bills, bank statements).
3.4. Writing a Compelling Cover Letter
Include a cover letter that summarizes your request and explains why you need advance parole. This letter should highlight the urgency and importance of your travel. Be sure to:
- Clearly state your purpose for traveling.
- Explain how your trip aligns with humanitarian, educational, or employment reasons.
- Emphasize the benefits of approving your advance parole.
- Express your commitment to returning to the U.S. within the specified time frame.
3.5. Paying the Filing Fee
As of 2024, the filing fee for Form I-131 is $630. You can pay by money order, personal check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions. Make the check payable to “U.S. Department of Homeland Security.”
3.6. Mailing Your Application
Mail your completed Form I-131, supporting documents, cover letter, and filing fee to the appropriate USCIS lockbox. The mailing address depends on where you live and whether you are filing concurrently with a DACA renewal. Check the USCIS website for the most current filing instructions.
3.7. What Happens After Filing?
After submitting your application, expect the following:
- Receipt Notice: USCIS will send you a receipt notice (Form I-797C) acknowledging receipt of your application.
- Biometrics Appointment (if required): You may receive a notice to appear at a USCIS Application Support Center (ASC) for fingerprinting. Attend this appointment as scheduled.
- Request for Evidence (RFE) (if necessary): USCIS may request additional evidence to support your application. Respond promptly and thoroughly to any RFE.
- Decision: USCIS will send you a decision notice. If approved, you will receive your advance parole document, which looks similar to a visa.
- Denial: If your application is denied, USCIS will provide a reason for the denial. There is no appeal process, but you may be able to file a new application with additional evidence.
3.8. Tips for a Successful Application
- Be Thorough: Provide as much detailed and accurate information as possible.
- Organize Your Documents: Present your documents in a clear and organized manner.
- Seek Legal Assistance: Consult with an immigration attorney for guidance. TRAVELS.EDU.VN can connect you to qualified legal professionals.
- File Early: Apply for advance parole well in advance of your intended travel dates, as processing times can vary.
4. Traveling with Advance Parole
Once you receive your advance parole document, it is important to understand how to use it correctly.
4.1. Understanding Your Advance Parole Document
Your advance parole document (Form I-512L) will specify the dates within which you are authorized to re-enter the United States. It is crucial to adhere to these dates. Additionally, the document will state the purpose for which you were granted advance parole. Ensure your travel aligns with this purpose.
4.2. What to Expect at the Port of Entry
When you return to the United States, present your advance parole document and passport to the Customs and Border Protection (CBP) officer at the port of entry. The officer will review your documents and ask questions about your trip.
4.3. Common Questions Asked by CBP Officers
Be prepared to answer questions such as:
- What was the purpose of your trip?
- Where did you travel?
- How long were you outside the United States?
- Did you engage in any activities not disclosed in your advance parole application?
Answer truthfully and provide any additional documentation requested by the CBP officer.
4.4. Possible Outcomes at the Port of Entry
Upon review, the CBP officer may:
- Admit You: If everything is in order, you will be admitted back into the United States, and your DACA status will remain intact.
- Refer You for Secondary Inspection: If the officer has concerns or needs additional information, you may be referred to secondary inspection for further questioning.
- Deny Your Entry: In rare cases, entry may be denied if the officer determines you have violated the terms of your advance parole or are inadmissible for other reasons.
4.5. Important Considerations While Traveling
- Carry Your Documents: Always carry your advance parole document, DACA approval notice, EAD card, and passport with you.
- Adhere to Travel Dates: Return to the U.S. within the dates specified on your advance parole document.
- Be Honest: Answer all questions truthfully and accurately.
- Avoid Legal Troubles: Do not engage in any illegal activities while abroad.
- Stay Informed: Monitor any changes in immigration laws or policies that may affect your travel.
5. Potential Risks and Complications
While advance parole generally allows for safe re-entry, there are potential risks and complications to be aware of.
5.1. Risk of Being Denied Re-Entry
Even with advance parole, there is no guarantee of re-entry. CBP officers have the discretion to deny admission if they determine you are inadmissible under U.S. immigration law. Grounds for inadmissibility include criminal history, previous immigration violations, or misrepresentation.
5.2. Legal and Policy Changes
Immigration laws and policies can change rapidly. A change in policy could affect the validity of your advance parole or your ability to re-enter the United States. Stay informed about any updates or changes to DACA or advance parole policies.
5.3. What to Do If You Are Detained
If you are detained at the port of entry, remain calm and request to speak with an attorney. Do not sign any documents without understanding their contents. Contact your family or friends and inform them of your situation.
6. Renewing Your DACA and Advance Parole
DACA and advance parole are not permanent. You must renew your DACA status every two years and apply for advance parole each time you plan to travel.
6.1. When to Renew Your DACA
USCIS recommends filing your DACA renewal request between 120 and 150 days before your current DACA expires. Filing within this window reduces the risk of your DACA lapsing.
6.2. Filing for Advance Parole with DACA Renewal
You can file for advance parole at the same time as your DACA renewal. However, be sure to send each request to its appropriate filing address. Include all required documents and fees for both applications.
6.3. Maintaining Eligibility for Renewal
To maintain eligibility for DACA renewal, continue to meet the eligibility criteria, avoid criminal activity, and comply with all immigration laws.
7. TRAVELS.EDU.VN: Your Travel Partner
Navigating the complexities of DACA and advance parole can be overwhelming. TRAVELS.EDU.VN offers expert guidance and support to ensure your travel plans are seamless and compliant.
7.1. Personalized Travel Planning
TRAVELS.EDU.VN provides personalized travel planning services tailored to the unique needs of DACA recipients. Whether you’re traveling for humanitarian, educational, or employment purposes, we can help you create a travel itinerary that meets your requirements and minimizes potential risks.
7.2. Legal Consultation Referrals
We partner with experienced immigration attorneys who can provide legal advice and representation to DACA recipients. If you have questions about your eligibility for advance parole or concerns about your immigration status, we can connect you with a qualified legal professional.
7.3. Document Preparation Assistance
Preparing the necessary documents for your advance parole application can be time-consuming and confusing. TRAVELS.EDU.VN offers document preparation assistance to ensure your application is complete and accurate.
7.4. Emergency Support
If you encounter any issues while traveling, TRAVELS.EDU.VN provides emergency support to help you navigate the situation. Whether you’re detained at the port of entry or need assistance with travel arrangements, we’re here to help.
7.5. Success Stories
Many DACA recipients have successfully traveled outside the United States with advance parole. Here are a few examples:
- Maria, a DACA recipient, traveled to Mexico to visit her ailing grandmother. With advance parole, she was able to return to the U.S. and continue her studies.
- David, a DACA recipient, participated in a semester abroad program in Spain. Advance parole allowed him to pursue his educational goals without jeopardizing his immigration status.
- Isabella, a DACA recipient, attended a professional conference in Canada. With advance parole, she was able to advance her career and network with industry professionals.
These stories illustrate the possibilities that advance parole can provide for DACA recipients.
8. Frequently Asked Questions (FAQs)
To further clarify common concerns, here are some frequently asked questions about traveling with a DACA card:
Q1: Can I use my DACA card as a travel document?
No, your DACA card (Employment Authorization Document) is not a travel document. You need advance parole to re-enter the U.S.
Q2: How long does it take to get advance parole?
Processing times vary, but it typically takes several months to receive an advance parole document. Apply well in advance of your intended travel dates.
Q3: Can I travel to any country with advance parole?
You can travel to any country, but it’s advisable to avoid countries with travel advisories or those that may pose a risk to your safety.
Q4: What if my advance parole application is denied?
There is no appeal process for a denied advance parole application. However, you can file a new application with additional evidence.
Q5: Can I expedite the processing of my advance parole application?
USCIS may expedite processing in certain circumstances, such as humanitarian emergencies. Submit a request to expedite with supporting documentation.
Q6: What happens if I overstay my advance parole?
Overstaying your advance parole can jeopardize your DACA status and make you ineligible for future immigration benefits.
Q7: Can I apply for advance parole if I have a criminal record?
Having a criminal record does not automatically disqualify you, but it may increase the risk of denial. Consult with an attorney for guidance.
Q8: Do I need a visa to travel to another country with advance parole?
Yes, you need a visa if the country you are traveling to requires one. Advance parole only allows you to re-enter the U.S.
Q9: Can I apply for advance parole if I am in removal proceedings?
You can apply for advance parole even if you are in removal proceedings, but it may increase the risk of denial.
Q10: How many times can I apply for advance parole?
There is no limit to the number of times you can apply for advance parole, as long as you meet the eligibility requirements.
9. Contact Information
If you have any questions or need assistance with your travel plans, please contact us:
TRAVELS.EDU.VN
- Address: 123 Main St, Napa, CA 94559, United States
- WhatsApp: +1 (707) 257-5400
- Website: TRAVELS.EDU.VN
At TRAVELS.EDU.VN, we’re committed to making your travel dreams a reality, safely and compliantly. Let us help you explore the world with confidence. Contact us today to start planning your next adventure.
Don’t let the complexities of DACA and advance parole hold you back from pursuing your dreams. Contact travels.edu.vn today for personalized assistance and expert guidance. Let us help you navigate the process and make your travel plans a reality. Your adventure awaits.
