Can a DACA Recipient Apply for Advance Parole?
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For DACA recipients, the desire to travel internationally poses a difficult question that carries significant legal weight: Is there a way to retain status and still travel abroad? While yes, DACA recipients can apply for advance parole, the process requires careful preparation and a clear understanding of what is at stake.
At Kriezelman Burton & Associates, LLC, our Chicago immigration attorneys have experience guiding DACA recipients through this and other immigration processes. Here, we share some basic information regarding advance parole that every DACA recipient needs to know.
Who Can Apply for Advance Parole?
Not everyone can automatically apply for advance parole to travel with DACA. Only those who currently hold a valid, approved DACA request may apply for advance parole. If you have this current, approved status, you must then file Form I-131, “Application for Travel Documents, Parole Documents, and Arrival/Departure Records,” to request advance parole. Should you receive approval, you will be able to travel internationally.
Permitted Travel Purposes
USCIS recognizes three primary categories of qualifying travel for advance parole. Your application must rely on one of these to be considered:
- Humanitarian travel – e.g., visiting a seriously ill family member, attending a funeral, receiving medical treatment abroad
- Educational travel – e.g., study abroad programs, academic research
- Employment-related travel – e.g., business assignments or conferences, work training
Each application must clearly document the specific purpose and necessity of the travel.
Benefit for Adjustment of Status Eligibility
One of the most significant advantages of advance parole for DACA recipients involves adjustment of status. A DACA recipient who travels on advance parole and is inspected and paroled back into the United States may then qualify to apply for a Green Card through adjustment of status if they have a pathway available to them, like being the immediate relative or spouse of a U.S. citizen. Travel on advance parole does not trigger the unlawful presence bars under INA § 212(a)(9)(B) for adjustment of status applicants.
Risks Upon Return
Travel under advance parole still comes with risk, as it does not guarantee reentry. At the port of entry, a U.S. Customs and Border Protection (CBP) officer retains final authority over admissibility. DACA recipients with certain grounds of inadmissibility, such as prior immigration violations or any record of engagement with law enforcement, may face particular risk.
Traveling without an approved advance parole document can be even more dangerous legally, as it can result in termination of DACA status and serious long-term immigration consequences. Due to DACA’s current uncertainty in the courts and the risks even with approved advance parole, we highly recommend consulting an immigration attorney regarding international travel as a DACA recipient.
Speak With an Immigration Attorney Before You Travel
Advance parole under DACA can open meaningful doors to travel and reentry, but only when pursued strategically. The stakes are high, and the margin for error is narrow.
The immigration attorneys at Kriezelman Burton & Associates, LLC have helped thousands of foreign nationals secure the legal protections they need through various immigration statuses. To discuss your specific situation, contact our office today to schedule a confidential consultation.
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