Mira Law Group

Travel Permit: For DACA beneficiaries.

U.S. Citizenship and Immigration Services (USCIS) continues to accept and adjudicate Advance Parole applications from DACA recipients.
Here is some information on what to expect before, during, and after traveling abroad.

Currently, DACA beneficiaries may apply for and travel with advance parole.

A DACA beneficiary may apply for this travel permit for humanitarian, employment, and educational reasons. But to qualify for advance parole, they must demonstrate that their need to travel falls within these categories.

What is a travel permit?

A travel permit is a document that allows certain immigrants living in the United States to leave and re-enter the country after traveling abroad temporarily.

USCIS issues an advance parole document to travelers before they depart the U.S. Although these travelers may use this document to travel back to the U.S., entry into the U.S. is at the discretion of the Customs and Border Protection (CBP) officer at a port of entry.

In addition, it is important to note that the travel permit is a discretionary policy and not everyone who applies will be approved. Individuals interested in applying for the travel permit should contact a trusted immigration attorney or accredited representative for consultation and assistance in submitting their application.

Who grants the Travel Permit/Advance Parole?

The U.S. Citizenship and Immigration Services (USCIS), which is an office of the Department of Homeland Security (DHS), is the entity in charge of adjudicating advance parole applications.

Who can apply for advance parole?

Some of the non-citizens who may apply for Advance Parole are:
Deferred Action for Childhood Arrivals (DACA) beneficiaries,
Temporary Protected Status (TPS) beneficiaries,
T and U visa holders visas,
and most applicants who have already applied for permanent residency (Green Card).

However, in this article, we will discuss advance parole for DACA beneficiaries.

How do I qualify for Advance Parole as a DACA recipient?

You must have your current DACA, employment authorization document (EAD) and your passport at the time you apply for advance parole.

You cannot apply for advance parole while your DACA application is pending or if your DACA or employment authorization document (EAD) has expired. If you apply for advance parole and your DACA expires while you are waiting for adjudication, USCIS may issue a Request for Evidence (RFE) that your DACA has been renewed. You must have a valid and unexpired passport from your country of citizenship to travel internationally.

You must have a qualifying reason to travel abroad.

  • A DACA recipient may qualify for permission to travel if he or she demonstrates to the Immigration Service that his or her travel is for humanitarian, educational, or employment reasons.
    • Humanitarian: You have a compelling reason to travel. This may include traveling to care for a family member, visit elderly relative you have not seen, attend a family function, or receive urgent medical care.
    • Employment: To fulfill an employment need. This may include, completing an overseas assignment, attending an interview, conference, training or meeting.
    • Education: To complete research abroad, to participate in an exchange program or to take a language course.

Consult with an immigration attorney before applying for advance parole.

Before applying for advance parole, you should consider consulting with an experienced attorney to determine risk and eligibility based on your legal situation.

It is especially important to consult an attorney if any of the following apply:

  • Immigration court case history, whether or not you have gone to court, or the case has resulted in a deportation order.
  • Contact with the criminal legal system (arrests, charges or convictions), even if it did not make you ineligible for DACA.
  • Multiple prior entries into the U.S. without re-entry permission.
  • Immigration-related fraud or misrepresentation to the government.

What is required to apply for Advance Parole?

  • Write a cover letter: Explain the purpose of your trip and summarize the documents included in your application.
  • Complete the advance parole application: USCIS Form I-131 (Read the instructions carefully!) Currently, you must submit a paper application; you cannot apply for advance parole through the myUSCIS website.
  • Write a statement explaining the purpose of the trip.
  • Gather evidence to support the purpose of travel.
  • A copy of your most recent DACA Notice of Approval (USCIS Form I-797).
  • A copy of your Employment Authorization Document
  • Two passport-size photos
  • Payment of the application fee (currently $575) by personal check, cashier’s check or money order made payable to the Department of Homeland Security. For the latest USCIS fees, visit their website.

Below is a list of the documents generally required for each type of travel:

Humanitarian Employment Education
  • Birth certificate and
    possibly marriage
    marriage certificate(s) that
    showing the relationship(s)
  • Other evidence of
    family connection.
  • Medical documents
  • Statement of
    need to travel.
  • Letter from employer
    detailing need for travel.
  • Invitation/program for
    conference, event,
  • Communication
    with employer, in other
    words, emails/communication
    with boss.
  • Official offer letter
    of the school program.
  • School enrollment documents.
  • Syllabus.
  • Teachers' letters

Make two copies of all your application documents; keep one copy and give the other to your attorney or a family member. Make sure you travel with all of your original documents to re-enter the U.S.

What should I consider before traveling with
Advance Parole?

It is important that all those interested in traveling with the travel permit are well informed and screened to ensure that they can successfully re-enter the country.
While obtaining an approval for the travel permit is a crucial first step, it does not guarantee that a person will be allowed to re-enter the country.
Before traveling, it is important to:

✔  Know the latest COVID-19 policies of the country you are traveling to. And the requirements for re-entering the U.S..

✔  Have the time granted for your travel with the travel permit that will allow for delays on your return, such as cancelled flight, getting sick, etc.

✔  Speak with an attorney and disclose all immigration and criminal history (interactions
with an immigration officer, immigration judge, or law enforcement officer) to find out if there are any risks associated with the travel.

✔  Make copies of your travel permit, your DACA and work permits in case you lose them.

✔  Delete any incriminating information from your phone, such as pictures or social media posts

✔  Have contact information for an attorney in case you need help.

Will it affect my immigration options if my travel permit/advance parole application is denied?

No. If the travel permit is not approved, the Immigration Service will not take any further action on the case. Individuals who are not approved will lose their fee and should be aware that the information submitted with their application will become part of their immigration file. Therefore, it is important to speak with an immigration attorney or accredited representative for help and support in applying for travel permission and ensuring that the best and correct evidence is presented.

Don't hesitate any longer! Take that trip that is so important to you.

We help you to apply for your Advance Parole or Travel Permit.