chuckster954

Travelling Outside The Us Once Daca Approval

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Hey everyone, is it possible to travel outside the US with the Advance Parole Document once you are approved for DACA. Will there be an issue when you re-enter the US?

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You can travel outside the US only in very limited circumstances:

  • Humanitarian, Educational, or Employment purposes.

Even though in the Humanitarian purposes bullet point they include funeral services and ailing relatives, I would not risk it. I would only consider applying for Advance Parole if, and only if, I am participating in a study abroad program in my current university, or if I am required to travel somewhere due to the nature of my work (that is just me though).

The decision to travel is up to your own discretion, and at your own risk. If you decide to travel under dubious circumstances and you are not allowed to re-enter, do not complain and cry to Uncle Sam...you knew the risk you were undertaking...(when I say 'you,' I mean 'you' in general, and no one in particular).

Additional info, as per USCIS website (DACA Section):

New - Q3: If my case is deferred pursuant to the consideration of the deferred action for childhood arrivals process, will I be able to travel outside of the United States?

A3: Not automatically. If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if your travel abroad will be in furtherance of:

  • humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative; (very risky)

  • educational purposes, such as semester-abroad programs and academic research, or;

  • employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.

  • Travel for vacation is not a valid basis for advance parole.

You may not apply for advance parole unless and until USCIS defers action in your case pursuant to the consideration of the deferred action for childhood arrivals process. You cannot apply for advance parole at the same time as you submit your request for consideration of deferred action for childhood arrivals. All advance parole requests will be considered on a case-by-case basis.

If USCIS has deferred action in your case under the deferred action for childhood arrivals process after you have been ordered deported or removed, you may still request advance parole if you meet the guidelines for advance parole described above. However, once you have received advance parole, and before you actually leave the United States, you should seek to reopen your case before the Executive Office for Immigration Review (EOIR) and obtain administrative closure or termination of your removal proceeding.

Even after you have asked EOIR to reopen your case, you should not leave the United States until after EOIR has granted your request. If you depart after being ordered deported or removed, and your removal proceeding has not been reopened and administratively closed or terminated, your departure may result in your being considered deported or removed, with potentially serious future immigration consequences. If you have any questions about this process, you may contact the ICE Office of the Public Advocate through the Office’s telephone hotline at 1-888-351-4024 (staffed 9 a.m. to 5 p.m., Monday through Friday) or by email at [email protected].

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=3a4dbc4b04499310VgnVCM100000082ca60aRCRD&vgnextoid=3a4dbc4b04499310VgnVCM100000082ca60aRCRD

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