Advance Parole: Opening Doors for DACA Recipients

Deferred Action for Childhood Arrivals (DACA) has provided a temporary reprieve for thousands of young immigrants in the United States, allowing them to work, study, and build lives without fear of deportation. However, DACA recipients still face significant limitations, particularly when it comes to international travel. This is where Advance Parole comes into play, offering a potential solution for those who need to travel abroad for specific reasons.

What is Advance Parole?

Advance Parole is a document that allows certain non-citizens, including DACA recipients, to leave the United States and re-enter lawfully. It is essentially a pre-approval for international travel, granted by U.S. Citizenship and Immigration Services (USCIS). Without Advance Parole, DACA recipients risk being denied re-entry to the U.S. and losing their DACA status.

Eligibility for DACA Recipients

To be eligible for Advance Parole, DACA recipients must demonstrate that their international travel falls under one of the following categories:

1. Humanitarian purposes, such as receiving medical treatment or attending a funeral of a close relative.
2. Educational purposes, like participating in a study abroad program or conducting academic research.
3. Employment purposes, such as attending a conference or meeting with clients overseas.

It is important to note that travel for leisure or vacation purposes is not considered a valid reason for Advance Parole.

Application Process

To apply for Advance Parole, DACA recipients must file Form I-131, Application for Travel Document, with USCIS. The application must include supporting documents that prove the purpose of the international travel, such as a letter from a healthcare provider, academic institution, or employer. Applicants must also pay the required filing fee and provide evidence of their DACA status.

Advance Parole Supporting Documents

To apply for Advance Parole, DACA recipients must submit the following required documents along with Form I-131, Application for Travel Document:

1. Copy of a valid passport from the DACA recipient’s country of citizenship.
2. Copy of the DACA recipient’s valid Employment Authorization Document (EAD).
3. Copy of the DACA recipient’s DACA approval notice (Form I-797).
4. Evidence supporting the purpose of the international travel, such as medical documentation, death certificates, or other proof of the humanitarian need for travel; letters from educational institutions, proof of enrollment, or invitations to participate in study abroad programs; or letters from employers, conference registrations, or contracts demonstrating the need for international travel.
5. Two passport-style photographs of the DACA recipient, taken within the last 30 days.
6. Evidence of the DACA recipient’s ties to the United States and intention to return after the international travel, such as proof of employment (pay stubs or employment contracts), proof of enrollment in school (transcripts or student ID cards), or proof of family ties in the United States (marriage certificates or birth certificates of U.S. citizen or lawful permanent resident family members).
7. Filing fee for Form I-131 ($575).

While it it is not required, it is strongly recommended that you include an Advance Parole cover letter with your application. It’s an opportunity for you to make your case for what you should be granted Advance Parole and can help your application get approved.

It is essential to consult with an experienced immigration attorney to ensure that all required documents are included and that the application is properly completed. Additional documents may be necessary depending on the individual case and the specific circumstances of the DACA recipient’s international travel plans.

Processing Times and Considerations

The processing time for Advance Parole applications can vary, but it typically takes several months. DACA recipients should plan accordingly and submit their applications well in advance of their intended travel dates. While it is safe for DACA recipients to travel with Advance Parole, it is also crucial to consider the potential risks associated with international travel, such as changes in immigration policies or global events that could impact re-entry to the United States.

Implications for Adjustment of Status

In some cases, traveling abroad with Advance Parole can have positive implications for DACA recipients seeking to adjust their status to lawful permanent residence. If a DACA recipient enters the U.S. with Advance Parole, they may be able to apply for adjustment of status without being subject to the 3- or 10-year bars on re-entry that typically apply to individuals who have accrued unlawful presence.

Final Thoughts

While Advance Parole provides a valuable opportunity for DACA recipients to travel internationally for specific purposes, it is not a permanent solution to the challenges they face. Comprehensive immigration reform is necessary to provide DACA recipients with a clear path to citizenship and the ability to travel freely without fear of losing their status or being denied re-entry to the United States.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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