Advance Parole: Can I Visit My Sick Relative in My Home Country While I Have DACA?

If you are currently a DACA recipient, then you are most likely well aware that traveling outside of the United States isn't typically an option. One caveat of the DACA program is that once you are granted DACA, you are not permitted to travel from, or leave the United States, otherwise you will forfeit your DACA status and the protections available under the program. While for many reasons, this can be quite restrictive and burdensome, the U.S. government does allow for DACA recipients to travel outside of the U.S. under a very limited set of circumstances.

Utilizing the process known as Advance Parole, DACA recipients can apply for permission to return to the U.S. after travel abroad. The most important factor in this process is that you apply for Advance Parole after you receive DACA approval and well before you're ready for renewal or at the same time you are applying for DACA renewal. Advance Parole applications will not be accepted or processed for first-time DACA applications.

ADVANCE PAROLE PURPOSES - EDUCATION, EMPLOYMENT + HUMANITARIAN

Among the three purposes for which USCIS will approve an Advance Parole application, it is important to note that you cannot utilize this process for vacation travel, which is strictly prohibited. USCIS will only approve travel for DACA recipients who demonstrate that their need for travel is for "humanitarian (i.e., visiting a sick relative), education or employment" purposes.

EDUCATION PURPOSES

For this purpose, the DACA recipient will be required to show that travel abroad is required or beneficial for the purposes of an educational program or course of study. The applicant will be expected to provide official documentation from the university, college or school confirming enrollment and sufficient details regarding the program or course of study, such as start and end dates and why the program is required or beneficial. Any documentation related to the program or course of study should be submitted as well to further bolster the application and justification for travel.

EMPLOYMENT PURPOSES

Under this purpose, you must show there is an overseas assignment, interview, conference, training or meeting that is related to or in conjunction with your employment. DACA recipients should submit evidence pertaining to the job position abroad, purchased conference tickets, programs and agendas for trainings, meetings or conferences, and letters from their employer expressing the necessity for DACA recipient to attend such a conference or training or take the position abroad.

HUMANITARIAN PURPOSES

For this purpose, the DACA recipient must show that travel is necessary due to any of the following humanitarian reasons: obtaining necessary medical treatment for yourself, visiting a sick relative or assisting a sick relative who has an upcoming medical treatment, attending a family member's funeral or visiting a recently deceased family member's grave. In support of this application, you will need to submit documentation from a medical professional or facility explaining your relative's condition or need for treatment/surgery, medical records of your sick relative showing their condition and past or ongoing treatment, birth certificates showing your relationship to your sick relative, death certificate of your deceased relative, a personal statement explaining your need for travel and your sick relative's statement explaining your need to visit them.

So, under the Advance Parole process, as a DACA recipient, you are able to visit your sick relative abroad, so long as you can provide the supporting documentation to prove the necessity for your travel. It is incredibly important to note that receiving a grant of Advance Parole does not automatically guarantee your admission back into the United States after you have traveled. Depending on your circumstances, the chances of being denied re-entry could be quite slim; however, it is still crucial that DACA recipients are aware that this process does not guarantee your return as all immigration related approvals are discretionary and subject to change.

If you have any questions about DACA or the Advance Parole process, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.