Introduction to DACA and Travel
The Deferred Action for Childhood Arrivals (DACA) program allows certain young undocumented immigrants to remain in the US without fear of deportation. However, traveling abroad can be complex for Dreamers, as it may affect their immigration status.
To travel abroad, Dreamers must obtain advanced parole, which can be granted for humanitarian, educational, or employment purposes. This process involves submitting Form I-131 to US Citizenship and Immigration Services (USCIS) and paying the required fee.
Risks of Traveling Abroad
Traveling abroad can pose significant risks for Dreamers, including the possibility of being denied re-entry into the US. Even with advanced parole, Dreamers may face scrutiny from US Customs and Border Protection (CBP) officers upon their return.
Additionally, leaving the US can affect a Dreamer's eligibility for future immigration benefits, such as a green card or US citizenship. It is essential for Dreamers to consult with an experienced immigration attorney before traveling abroad.
Requirements for Traveling Abroad
To travel abroad, Dreamers must meet specific requirements, including having a valid passport, obtaining advanced parole, and ensuring they have a valid reason for traveling. They must also demonstrate that their trip is for a legitimate purpose, such as visiting family, attending school, or working.
Dreamers should also be aware of the documents required for re-entry into the US, including a valid passport, advanced parole document, and any other relevant immigration documents.
Consequences of Unlawful Departure
If a Dreamer leaves the US without obtaining advanced parole, they may be considered to have made an unlawful departure. This can result in a three- or ten-year bar from re-entering the US, depending on the circumstances of their departure.
In some cases, an unlawful departure can also affect a Dreamer's eligibility for future immigration benefits, including a green card or US citizenship. It is crucial for Dreamers to understand the consequences of unlawful departure and to seek guidance from an immigration attorney.
Seeking Professional Guidance
Given the complexities surrounding Dreamers traveling abroad, it is essential to seek guidance from an experienced immigration attorney. An attorney can help Dreamers understand their options, navigate the advanced parole process, and ensure they comply with all relevant laws and regulations.
By consulting with an immigration attorney, Dreamers can minimize the risks associated with traveling abroad and make informed decisions about their immigration status and future opportunities.
Frequently Asked Questions
Can Dreamers travel abroad without advanced parole?
No, Dreamers must obtain advanced parole before traveling abroad to avoid being considered to have made an unlawful departure.
How long does it take to obtain advanced parole?
The processing time for advanced parole can vary, but it typically takes several months to a year or more to receive a decision.
What are the risks of traveling abroad for Dreamers?
Traveling abroad can pose risks for Dreamers, including being denied re-entry into the US, affecting their eligibility for future immigration benefits, and facing scrutiny from CBP officers.
Can Dreamers travel abroad for any reason?
No, Dreamers must demonstrate a legitimate reason for traveling abroad, such as visiting family, attending school, or working, and obtain advanced parole for that specific purpose.
How can Dreamers ensure a smooth re-entry into the US?
Dreamers can ensure a smooth re-entry by having all required documents, including a valid passport and advanced parole document, and being prepared to answer questions from CBP officers.
What should Dreamers do if they are denied re-entry into the US?
If a Dreamer is denied re-entry, they should seek guidance from an immigration attorney and explore their options for appealing the decision or seeking alternative immigration relief.