Tuesday, September 9, 2014

Can a DACA Beneficiary Travel Abroad?

One of the many advantages of DACA is that a recipient is entitled to seek a permit to travel abroad under certain circumstances.   The DACA recipient can apply for an advance parole - a document allowing the CBP to parole an individual back into the US.   The advance parole is awarded, however, for narrowly defined humanitarian, employment, and educational purposes only such as for example: attending a funeral of a family member, visiting a sick relative, studying abroad, attending employment related client meetings or trainings.   It is important to note that travel on vacation is not a valid purpose for advance parole.

An applicant wishing to apply for advance parole needs to submit an appropriate form along with a filing fee of $360.00 as well as documentation of the purpose behind the trip.

A DACA recipient wishing to travel needs to understand that advanced parole does not guarantee entry into the US.  

The DACA recipients  who :
1.       Have prior removal orders on their record
2.       Accrued unlawful presence prior to qualifying for DACA (received DACA after turning 18)


should consult services of an experienced attorney to  minimize the risks stemming from the contemplated departure.