The Deferred Action for Childhood Arrivals (DACA) program has provided significant opportunities for eligible young adults who came to the United States as children. However, understanding the travel limitations and options available to DACA recipients is crucial. This article provides a comprehensive overview of travel for DACA recipients, outlining the rules, requirements, and potential risks involved.
Understanding DACA and Travel
DACA grants deferred action from deportation and provides eligibility for work authorization. However, it does not grant lawful immigration status. Therefore, traveling outside the United States requires careful planning and adherence to specific guidelines.
One common question is: “Where Can Daca Travel?” The answer isn’t as straightforward as for U.S. citizens or lawful permanent residents.
DACA recipient holding passport and airplane ticket, symbolizing international travel
Advance Parole: The Key to International Travel for DACA Recipients
Generally, DACA recipients cannot travel outside the United States without prior authorization. The key to legal international travel for DACA recipients is advance parole. Advance parole is a document that allows certain non-citizens to temporarily leave the U.S. and return legally. Without advance parole, leaving the U.S. could jeopardize your DACA status and your ability to return.
Q: As a DACA recipient, can I travel outside of the United States?
A: Not automatically. If you want to travel outside the United States after receiving DACA, you must apply for an advance parole document by filing Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, and paying the applicable fee.
Reasons for Obtaining Advance Parole
USCIS will generally only grant advance parole for travel outside the United States for specific reasons:
- Humanitarian Purposes: This includes obtaining medical treatment, attending funeral services for a family member, or visiting an ailing relative.
- Educational Purposes: This includes semester abroad programs and academic research. Travel for educational purposes means travel affiliated with an institution that provides education as its primary purpose.
- Employment Purposes: This includes overseas assignments, interviews, conferences or training, consular appointment for an employer-sponsored nonimmigrant visa, or meetings with clients overseas.
Important Note: Travel for vacation is not a valid basis for advance parole.
How to Apply for Advance Parole
To apply for advance parole, DACA recipients must file Form I-131, Application for Travel Document with USCIS. You can find the filing fee and instructions on the Form I-131 webpage.
Key considerations when applying:
- Apply well in advance: Processing times for advance parole can vary, so it’s essential to apply several months before your intended travel date.
- Provide detailed documentation: Include evidence supporting the reason for your travel (e.g., medical records, letters from educational institutions, or employment-related documents).
- Renew DACA: If your DACA is expiring soon, it is advisable to renew it before applying for advance parole. USCIS may deny Form I-131 if your DACA period has expired.
Q: May I file a request for advance parole at the same time I file my DACA package?
A: You may file an advance parole request at the same time as a DACA renewal request (but not at the same time as an initial DACA request).
Risks of Traveling Without Advance Parole
Leaving the U.S. without advance parole has significant risks:
- Loss of DACA status: USCIS may terminate your DACA if you leave the U.S. without authorization and then attempt to re-enter.
- Inability to return: You may be denied re-entry to the U.S., even if you previously had DACA.
- Deportation: If you have a prior deportation order and leave the U.S., your departure may be considered an execution of that order, leading to serious immigration consequences.
Sign warning about risks of unauthorized travel for DACA recipients
Q: What happens to my DACA grant if I leave the United States without advance parole?
A: CAUTION: When you leave the United States, you are no longer in a period of deferred action. DACA recipients who leave the United States without first obtaining an advance parole document run a significant risk of being unable to reenter the United States.
What About Domestic Travel?
DACA recipients generally can travel within the United States without any specific restrictions related to their DACA status. However, it’s always a good idea to carry your DACA approval notice and Employment Authorization Document (EAD) as proof of your identity and work authorization, especially when traveling by air.
Important Considerations Regarding Court Decisions
It’s important to stay informed about any court decisions that may affect DACA. While current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, the legal landscape can change rapidly.
Seeking Legal Advice
Navigating immigration laws and regulations can be complex. DACA recipients considering international travel should consult with an experienced immigration attorney to assess their individual circumstances and ensure they comply with all applicable requirements.
Conclusion: Where Can DACA Travel?
While DACA does not provide a pathway to citizenship or lawful permanent residence, it offers important protections and opportunities for eligible individuals. For those wondering “where can DACA travel,” the answer is that with advance parole, international travel is possible for specific purposes. However, it’s essential to understand the rules, risks, and application processes involved and seek legal advice to make informed decisions. By following these guidelines, DACA recipients can navigate their travel options safely and responsibly.
