The Deferred Action for Childhood Arrivals (DACA) program has provided many young immigrants, known as Dreamers, with a sense of security and the opportunity to build their lives in the United States.

However, when it comes to travel, DACA recipients face unique challenges and restrictions. This guide will help DACA recipients understand the essentials of traveling both within the U.S. and internationally.

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DACA Recipients: Undocumented Immigrants Brought to the US as Children

DACA stands for Deferred Action for Childhood Arrivals. It’s a US immigration policy that allows certain undocumented immigrants who entered the country as children to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit.

Who are DACA Recipients?

  • Undocumented Immigrants: Individuals who arrived in the US as children without legal immigration status.
  • Meet specific criteria: To qualify for DACA, individuals must meet certain criteria, including age at arrival, continuous presence in the US, and educational attainment or military service.

Essentially, DACA recipients are young people who were brought to the US as children and have grown up here, but lack legal immigration status. DACA provides temporary relief from deportation and work authorization.

Traveling Abroad: Advance Parole

1. Understanding Advance Parole

DACA recipients cannot leave the United States without permission. To travel abroad, you must apply for Advance Parole, which grants permission to re-enter the U.S. after traveling abroad for specific purposes such as educational, employment, or humanitarian reasons.

2. Applying for Advance Parole

To apply for DACA Advance Parole, you need to submit Form I-131, Application for Travel Document, along with supporting documents that justify your need to travel. It’s essential to apply well in advance of your planned travel dates, as processing times can vary. The application fee must also be paid, and any errors or omissions can result in delays or denials.

3. Risks and Considerations

Even with Advance Parole, traveling abroad carries risks for DACA recipients. The re-entry into the U.S. is not guaranteed, and changes in immigration policies or executive orders can impact your return. It’s crucial to stay informed about current immigration policies and consult with an immigration attorney before making any travel plans.

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I-131 Processing Times: An Overview

Disclaimer: Processing times for Form I-131, Application for Travel Document, can vary significantly depending on the USCIS service center handling your case, the type of I-131 application (advance parole, reentry permit, etc.), and current USCIS processing delays.

Generally, you can expect processing times to be around 150 days or longer. However, this is just an average, and your case may take longer or shorter to process.

Factors Affecting Processing Times:

  • Type of I-131 application: Different types of I-131 applications have varying processing times.
  • USCIS service center: Processing times can differ between different USCIS service centers.
  • Current USCIS backlogs: Overall USCIS processing times can be impacted by case backlogs.

How to Check I-131 Application Processing Times:

The most accurate way to estimate processing times for your specific case is to use the USCIS processing time tool: https://egov.uscis.gov/processing-times/

Remember: This tool provides estimated processing times based on historical data and may not reflect current conditions.

I-512L Advance Parole

An I-512L is the official name for an Advance Parole document. It’s a travel authorization issued by the United States Citizenship and Immigration Services (USCIS) that allows certain individuals to re-enter the United States after traveling abroad without jeopardizing their immigration status.

Who can apply for Advance Parole?

Typically, individuals who are in the process of adjusting status to a permanent resident (green card holder) may apply for Advance Parole. This includes people with pending employment-based green card applications.

Key points to remember:

  • Purpose: To allow authorized travel outside the U.S. without risking loss of immigration status.
  • Validity: The validity period of an Advance Parole document can vary.
  • Separate document: While in the past, Advance Parole was often combined with Employment Authorization Documents (EADs) on a single card, USCIS has started issuing them separately as I-512L documents.

Conclusion

Navigating travel as a DACA recipient requires careful planning and awareness of the legal requirements and potential risks involved. Whether traveling domestically or internationally, having the right documentation and staying informed about your rights and current immigration policies is essential. Consulting with an immigration attorney before making travel plans can provide additional peace of mind and ensure that your journey is as smooth and safe as possible.