Traveling internationally can be a complex process for those with DACA (Deferred Action for Childhood Arrivals) or TPS (Temporary Protected Status), particularly regarding re-entry to the U.S. One key factor in this process is Advance Parole. In this blog, we’ll dive into when and how DACA and TPS holders can use Advance Parole for travel, as well as the essential documents to carry when traveling and passing through the airport.
For many people, the holidays are a time for family, rest, and reconnecting with loved ones. But for DACA and TPS holders, the prospect of international travel can often come with a sense of uncertainty and concern. Will traveling abroad affect my ability to return to the U.S.? Do I need to apply for special permission before leaving? These are common questions among individuals who hold DACA or TPS status. However, understanding how Advance Parole works can ease many of these concerns and provide clarity for those planning to travel.
In this post, we will explore the essential details about using Advance Parole for international travel, how to apply for it, the required documents, and what you need to keep in mind while at the airport.
Understanding DACA, TPS, and Advance Parole 
Before we dive into the travel specifics, it’s important to understand who is eligible for DACA and TPS, and what Advance Parole means for them.
- DACA (Deferred Action for Childhood Arrivals) is a program that allows individuals who were brought to the U.S. as children without legal status to temporarily stay in the country, with protection from deportation. DACA recipients are also eligible for work permits, but travel outside the U.S. can be risky without permission.
- TPS (Temporary Protected Status) is granted to nationals of certain countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. TPS holders are allowed to remain in the U.S. for a designated period, but similar to DACA, international travel is generally restricted.
- Advance Parole is a special permission granted by the U.S. government that allows certain individuals, including those with DACA and TPS, to travel outside the U.S. and return without losing their protected status.
While Advance Parole doesn’t guarantee re-entry into the U.S., it’s an essential tool for DACA and TPS holders who need to leave the country temporarily for family, work, or educational purposes.
When Can DACA and TPS Holders Use Advance Parole?
Traveling internationally as a DACA or TPS holder without Advance Parole can result in the loss of your status and, potentially, your ability to re-enter the U.S. Therefore, it is essential to use Advance Parole when planning any trips outside the country. But when is it necessary, and under what circumstances can you use it?
1. Family Emergencies
If you are a DACA or TPS holder and face a family emergency, such as the death or serious illness of a close family member abroad, Advance Parole may allow you to travel to handle the situation. You will need to provide proof of the emergency, such as a medical certificate or a death certificate, when applying for Advance Parole.
2. Educational Purposes
In some cases, DACA and TPS holders may need to travel abroad for educational purposes. Whether attending a family member’s graduation or participating in an international academic event, Advance Parole can be granted for educational reasons. Again, supporting documentation, such as a letter from a school or academic institution, will be required.
3. Employment or Humanitarian Purposes
For TPS holders, employment-related travel is another acceptable reason to apply for Advance Parole. This includes attending business meetings, conferences, or training sessions abroad. Furthermore, humanitarian reasons such as helping others or participating in international relief efforts can also qualify as acceptable grounds for Advance Parole.
How to Apply for Advance Parole
Applying for Advance Parole involves filling out Form I-131, the Application for Travel Document. Below is a step-by-step guide to applying for Advance Parole:
Step 1: Complete the Application Form I-131
Form I-131 is the official form required to apply for Advance Parole. It can be downloaded from the USCIS website, and you will need to complete it accurately. You’ll need to provide detailed information about your travel plans, including why you are leaving the U.S. and the dates of your planned travel.
Step 2: Submit Supporting Documents
Along with the application, you will need to submit supporting documentation that justifies your need for travel. For example:
- A family emergency might require proof such as a death certificate or a letter from a doctor.
- For educational travel, you might need a letter from the school or event organizers.
- If applying for employment-related travel, you will need a letter from your employer detailing the purpose of the trip.
Additionally, if applicable, you will also need to include copies of documents showing your current DACA or TPS status.
Step 3: Wait for Approval
Once submitted, USCIS will review your application. The approval process can take several months, so it is important to apply well in advance of your planned travel. It is essential not to travel without first receiving the Advance Parole approval notice.
What to Carry at the Airport
Once you have obtained Advance Parole and are ready to travel, there are essential documents that you must carry with you to ensure a smooth process at the airport.
1. Advance Parole Approval Notice
You must carry the official approval notice for Advance Parole with you at all times when traveling. Without this document, you will not be allowed to board your flight back to the U.S.
2. Proof of Immigration Status
Make sure you have documentation of your current immigration status, such as your DACA or TPS approval notice and your Employment Authorization Document (EAD). These documents are proof that you are authorized to be in the U.S. under the specific program.
3. Passport
It is essential that you have a valid passport from your country of citizenship. The passport must be valid for the duration of your stay abroad and at least six months beyond your intended return date.
4. Supporting Documentation
If your travel is related to an emergency, education, or employment, carry the documents that support the reason for your travel. For example, medical documents, letters from schools or employers, and any other evidence you may have submitted with your Advance Parole application.
5. Travel Itinerary and Tickets
Keep a copy of your flight itinerary, return ticket, and any other travel documents. These help establish your intent to return to the U.S. and can be useful if you encounter any issues at the border upon re-entry.
Risks to Consider When Using Advance Parole
While Advance Parole is an important tool for travel, it is essential to understand the risks involved. Despite being granted permission to travel, border officials still have the authority to deny re-entry based on certain circumstances. For instance, if you have a criminal history or immigration violations, this could complicate your re-entry process.
Additionally, even if you do not have any prior issues, there could be delays at the border, as customs and border protection officials may need additional documentation or review before permitting re-entry.
Given these potential risks, it is recommended to consult with an immigration attorney before applying for Advance Parole and certainly before making any travel arrangements.
For DACA and TPS holders, traveling outside the U.S. doesn’t have to be fraught with uncertainty. Advance Parole provides a legal pathway to leave and re-enter the country safely. By following the steps to apply for Advance Parole and carrying the appropriate documentation with you, you can minimize the risk of complications at the airport and ensure a smooth return.
However, given the complexities of immigration law and the risks involved, it is always advisable to consult with an immigration attorney before making any travel plans. The Scheer Immigration Law Group can help guide you through the process of applying for Advance Parole and advise you on how to protect your immigration status while traveling.