Planning a trip to the United States? Wondering about visa requirements, entry procedures, or what to expect upon arrival? This guide addresses common queries, offering essential information for a smoother journey. From necessary documentation to navigating customs, get your initial travel questions answered here.

Q1: Can you leave the United States before or while your initial DACA application is being reviewed?

The answer is generally no. Any unauthorized travel outside the U.S. on or after August 15, 2012, will disrupt your continuous residence, making you ineligible for deferred action under 8 CFR 236.21-236.25. For travel between June 15, 2007, and August 15, 2012, USCIS will assess if it was brief, casual, and innocent (refer to Chart #2). Important Note: If you have a deportation or removal order and then depart the U.S., you will likely be considered deported or removed, which can have severe immigration consequences.

Q2: As a DACA recipient, can I travel outside of the United States?

As a DACA recipient, simply having DACA does not automatically grant you permission to travel outside the United States. To do so, you must apply for an advance parole document. This is done by filing Form I-131, Application for Travel Documents, along with the required fee. USCIS will then assess if your reason for international travel is justifiable based on your stated circumstances.

Acceptable Reasons for Travel: Generally, advance parole is granted for:

• Humanitarian reasons: Such as medical treatment, attending family funerals, or visiting seriously ill relatives.
• Educational purposes: Including study abroad programs and academic research.
• Employment purposes: Covering overseas assignments, job interviews, conferences, training, consular appointments for employer-sponsored visas, or client meetings abroad.

Important Restrictions: Travel for vacation is not considered a valid reason for advance parole. Educational travel must be associated with an institution whose primary purpose is education, and you must be enrolled in the program you are traveling with.

Applying for Advance Parole: You cannot apply for advance parole until your initial DACA request is approved. If you are renewing your DACA, you can apply for advance parole at the same time, but these requests must be sent to separate filing addresses. Each advance parole request is evaluated individually.

Timing Your Renewal and Travel: It is strongly recommended to submit your DACA renewal between 120 and 150 days before your current DACA expires. If your DACA has expired when your Form I-131 is being reviewed and you don’t have a pending renewal, your advance parole request will be denied.

DACA and Prior Deportation Orders: If you have been granted DACA after having a deportation or removal order, you can still apply for advance parole if your travel reason meets the above guidelines.

Crucial Warning for Those with Deportation Orders: If you have a deportation or removal order, you must first seek to reopen your case with the Executive Office for Immigration Review (EOIR) and obtain administrative closure or termination of your removal proceedings before leaving the U.S. Do not depart until EOIR has granted your request. Leaving without this could result in being considered deported or removed, leading to serious future immigration consequences.

Q3: What happens to my DACA grant if I leave the United States without advance parole?

If you are a DACA recipient and leave the United States without first obtaining an advance parole document, you face a significant risk of being unable to return. Once you depart without advance parole, you are no longer considered to be in a period of deferred action. We strongly advise obtaining advance parole before any international travel to minimize this risk.

Potential DACA Termination: USCIS may, at its discretion and after issuing a Notice of Intent to Terminate with an opportunity for you to respond, terminate your DACA if you leave the U.S. without advance parole and subsequently enter the U.S. without inspection (as per 8 CFR 236.23(d)(2)). Generally, a recent entry without inspection is a serious negative factor that could lead to DACA termination due to border security concerns. However, in emergency situations like accidental or involuntary border crossings, the Department of Homeland Security (DHS) may exercise prosecutorial discretion and allow DACA to continue.

Re-entry with Parole: If you leave the U.S. without advance parole but are later paroled back into the country, your DACA status may be resumed after your parole period expires.

Q4: Why does my advance parole document show a 1-day parole period?

The short parole period of one day on your advance parole document serves a specific purpose: to enable your re-entry into the United States. Once you are back in the country, your DACA status will continue for the remainder of its current validity period. It’s important to note that your advance parole document also includes the authorized travel dates for your departure and return. Always examine your document thoroughly for all travel authorization details.

Q5: Do brief departures from the United States interrupt the continuous residence requirement?

Whether a departure from the U.S. affects your continuous residence for DACA depends on the timing and nature of the absence. Unauthorized travel after August 15, 2012, always interrupts continuous residence. For travel between June 15, 2007, and August 15, 2012, it’s considered brief, casual, and innocent if: the trip was brief and had a reasonable purpose; it wasn’t due to a removal, deportation, or exclusion order after June 15, 2007; it wasn’t due to a voluntary departure order after June 15, 2007 (or a pre-proceedings administrative grant); and your conduct abroad was lawful. After DACA approval, you can request advance parole for travel by filing Form I-131.

Q6: May I file a request for advance parole at the same time I file my DACA package?

You can file a request for advance parole at the same time you submit your DACA renewal application. However, if you are filing for DACA for the first time (an initial request), you cannot file for advance parole simultaneously. Importantly, the filing addresses for DACA renewal and advance parole are separate, so each application must be sent to the correct location. USCIS will not issue an advance parole document that extends beyond your current DACA validity period.

Important Filing Tips: It is highly recommended to submit your DACA renewal application between 120 and 150 days before your current DACA expires. If your DACA has expired while your advance parole request (Form I-131) is being processed, and you don’t have a pending DACA renewal, your advance parole request will be denied.

How to Request Advance Parole: To request advance parole, you must complete and sign Form I-131, Application for Travel Documents, and include the correct filing fee, as detailed on the Form I-131 webpage. Before starting, ensure you are using the most current version of the form, available on the Form I-131 webpage. You can find the correct filing addresses for advance parole requests related to DACA under the “Deferred Action for Childhood Arrivals (DACA)” section of the Direct Filing Addresses for Form I-131 webpage. Sending Form I-131 to the wrong address can significantly delay or even result in the denial of your application.

Q7: What if I am experiencing an extremely urgent situation and have not filed my Form I-131 advance parole application?

If you have an immediate and urgent need to travel within the next three months and haven’t filed Form I-131 for advance parole, you can take the following steps: Contact the USCIS Contact Center to request an emergency advance parole appointment at your local field office. When you go to your appointment, make sure you bring:

• A completed and signed Form I-131.
• The correct filing fee.
• Evidence of the emergency (e.g., medical records, death certificate).
• Two passport-style photos.

Navigating the complexities of U.S. immigration can be challenging, and the information provided here is for general guidance only. Every individual’s situation is unique, and specific circumstances can significantly impact the application process. Therefore, if you have any doubts, require personalized assistance, or need clarification on any aspect of these guidelines, we strongly recommend seeking the advice from our experts. Our dedicated professionals are equipped to provide tailored guidance and support to help you navigate the intricacies of U.S. immigration law with confidence.