Immigration Blog

May 19, 2021

DACA and Travel Outside the USA With Advance Parole

DACA and Travel Outside the USA With Advance Parole

If you are a Dreamer and have DACA status, you may be able to travel outside the USA if you obtain Advance Parole before travelling abroad.  Advance Parole is permission to re-enter the United States under the status of Advance Parole.

Note:

A DACA recipient must have permission to travel outside of the USA before travelling.

DACA recipients who travel outside the USA without Advance Parole will lose their DACA status.

Upon re-entry to the USA, a DACA recipient will be inspected at the border and there is still the possibility that the DACA recipient will be denied entry even with advance parole.  In practice, we have not had this happen to any of our clients travelling on advance parole.

How to Travel Outside the USA After Receiving DACA Status

Once you have DACA status, you may apply for permission to travel outside the USA by applying for Advance Parole.  The time you may travel will be limited to a certain time frame.

There are several reasons that USCIS (Immigration) will accept and approve Advance Parole Applications (Form i-131):

Humanitarian:

Visit a sick or elderly relative, attend a family members funeral, to receive medical treatment

Evidence needed:  birth certificates/marriage certificates proving the family relationship (with certified English translation), medical letter/records (with Certified English translation) of sick or elderly relative

Education:

To attend a study abroad program or academic research

Evidence Needed:  

Letter from Professor or Advisor
Documents showing the planned research trip
Letter of acceptance into the educational program

Employment:

To attend to work overseas, to attend interviews or conferences, or for training

Evidence Needed:

Letter from Employer
Conference Invitation and Proof of Registration in the Program

Cost

The application cost is $575.  Make the check or money order payable to US Department of Homeland Security.  The check or money order must be drawn from a US Bank.

Mail

By US Postal Service, mail your application to:

USCIS
Attn DACA
PO BOX 20700
Phoenix, AZ 85036-0700

By FedEx or UPS

USCIS
Attn DACA
1820 E Skyharbor Circle S
Ste 100
Phoenix, AZ 85034

For more info see http://www.uscis.gov/i-131

Note:  If you have a prior removal order or have an open or admin closed case at EOIR, leaving the USA as a DACA recipient, will cause you to not be allowed back into the USA even if your advance parole was granted.  It’s important to speak with an experienced immigration attorney to avoid this happening to you.

Always return before your advance parole document expires.  Have extra time to return to account for travel delays.  Have your DACA and Advance Parole document with you and leave copies with close friends or family members in case you lose your documents.

Expedite

If you have an urgent situation, write EXPEDITE on the top right hand corner of the application and attach an explanation and fax number and email address where USCIS can reach you.  Attach all evidence of the urgent need to travel:  proof a relative is having a health related emergency, proof that the company will suffer an extreme financial loss if you can’t travel urgently etc.

If you receive DACA and want to travel outside the USA, please call us at 866-521-6422.