Individuals under DACA (Deferred Action for Childhood Arrivals) status are young undocumented immigrants living in the United States who are protected from deportation while their status is being determined by the US legal system. DACA program recipients are often called Dreamers, to reflect their American Dream. There are many qualifications and restrictions on DACA recipients, including limitations on their ability to leave and re-enter the United States. A DACA recipient can leave and re-enter the US if they have an Advance Parole document from USCIS. If you want to travel under DACA status, it’s critical that you apply for and receive Advance Parole BEFORE you leave the United States, or you may be denied re-entry.
Advance Parole is an application to USCIS to allow an immigrant to legally travel outside the United States after their application is approved. USCIS will only approve Advance Parole travel requests for DACA recipients whose reason for travel falls into one of 3 categories:
1. Humanitarian Reasons
Travel to for health or medical reason for themself or a family member, to attend funeral services to visit a sick relative
2. Educational Reasons
To attend classes abroad or for academic research necessary for their education
3. Employment Reasons
An overseas work assignment, training, meetings or other activities required for work
When Advance Parole is approved by USCIS, the DACA recipient will be given a document to show Customs and Border Protection (CBP) so they can re-enter the United States.
It’s important to apply for and receive Advance Parole before you leave the United States.
If you have DACA status, or what to apply for DACA, an experienced immigration lawyer can prevent problems before they happen, protect your rights and help you resolve your immigration problems. Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties. To get started on your case, call 630-912-0322 to schedule a consultation with one of the experienced immigration attorneys today.