Maryland Criminal & Immigration Lawyer Blog
Remaining in the United States under the Deferred Action for Childhood Arrivals, or DACA, program, presents a unique set of challenges, especially if you are a recipient who encounters a need to travel abroad. If you are a DACA recipient or applicant, making a wrong move regarding international travel can have catastrophic consequences. Before embarking on international travel, it is wise to consult with an experienced Maryland immigration lawyer.
The tale of a young couple, featured in a CNN travel series about “incredible stories of travel connections” called “Chance Encounters,” serves as a reminder of this challenge and the dangers of wrong choices.
The pair were two Southern California residents. He grew up in California, while she came to Los Angeles from Europe to pursue a post-graduate university degree. They met on a hiking trail in the San Gabriel Mountains when their respective groups encountered the same rattlesnake.
Once they became a couple, they found they had a problem. She had traveled extensively and her family was still in Austria. He… could not leave the United States. Although he grew up in California, the man was not an American citizen. He was in the United States under the DACA program, and the rules governing DACA significantly limit recipients’ travel outside the United States.
Fortunately, the man in this story followed the rules and traveled to Austria only in the “virtual” sense (via smart devices and live audio/video feeds,) thereby avoiding the loss of his status. If you are a DACA applicant (or recipient) and considering traveling abroad, here are some crucial things you should keep in mind.
1. Obtaining approval requires specific paperwork
To obtain permission to travel abroad, a DACA recipient must complete Form I-131, the application for “Advance Parole,” which gives you permission to leave the country and return. This application process takes time. Because processing times can vary from recipient to recipient, the USCIS advises submitting your Advance Parole paperwork at least 90 days before you desire to travel.
2. Waiting for application approval is a must
If you have applied for DACA but have not yet been approved, you must not travel outside the United States. Traveling abroad before your DACA application is approved may result in the loss of your DACA status and the denial of your re-entry into the country.
3. Only select DACA recipients may travel abroad
The U.S. Customs and Immigration Services do not allow all DACA recipients to travel outside the country. Only recipients who demonstrate a specific “humanitarian, education, or employment” need may leave the country permissibly. “Humanitarian” reasons include things like seeking vital medical care, attending a family funeral, or visiting a sick, dying, or elderly relative. Things like visiting your partner’s family for the holidays generally would not qualify.
4. Even with proper documents, you may be denied re-entry
Receipt of the necessary approval documents after applying for Advance Parole does not guarantee you can re-enter the country once you leave. Even with Advance Parole, you may be denied re-entry for several reasons. Advance Parole documents are valid only for a limited duration and, if you try to return to the U.S. after your documents have expired, you will be turned away.
The necessary papers and a timely return may still result in authorities turning you away if they deem you “inadmissible.” A determination of inadmissibility may arise for a variety of reasons. Generally, the reasons are related to health or security. If you have entered the U.S. illegally multiple times, you may be subject to a re-entry bar. These bars are penalties for improper entry and can range from three years to a permanent bar.
Additionally, if you have an outstanding order of removal (deportation,) immigration authorities may deem your international travel an act of self-deportation, making you would be ineligible to re-enter for a period of many years.
This piece is intended only as an overview of a few issues and merely scratches the surface of what is involved in traveling abroad as a DACA recipient. If you are a recipient and have a need to travel outside the U.S., it is well worth your while to consult legal counsel. The right legal team can assist you with completing the mandatory I-131 paperwork and advise you if traveling abroad is safe (even with Advance Parole.) For reliable answers to questions about advanced parole or other DACA-related issues, the experienced Maryland deferred action attorneys at Anthony A. Fatemi, LLC can help. Contact us today at 301-519-2801 or via our online form right away to schedule your confidential consultation.