Atlanta, GA – Traveling outside the US is very risky if you don’t have legal permanent residence in the country, as you might not be able to come back.
However, Deferred Action for Childhood Arrivals (DACA) recipients living in Texas can travel abroad if they are granted advanced parole. The same applies to immigrants who are still waiting for their Green Card application to be processed, under certain circumstances.
To get advance parole you will have to file the I-131 form. Unless you have a family emergency, you will have to plan ahead and apply for advance parole long before you intend to travel. Due to the huge backlog the USCIS is confronted with, you might have to wait up to 7 months to get your advance parole.
How does advance parole work?
Advance parole is a procedure allowing non-citizens to reenter US territory after traveling abroad.
The USCIS issues a travel document to a foreign national before they leave the country and when they want to come back to Texas, they shouldn’t have any problem at the border.
Who can apply for advance parole?
Advance parole is available to the following categories:
- DACA recipients
- Immigrants who have applied for a Green Card
- Temporary Protected Status (TPS) recipients (This refers to citizens who cannot return safely to their country of origin due to local circumstances. For instance, Ukrainian citizens have been granted TPS due to the ongoing war in their country)
What are the advance parole requirements for DACA recipients?
To apply for advance parole you must already be a DACA recipient. According to the law, you cannot apply for DACA and advance parole at the same time.
Here are the requirements you must meet:
- You must valid DACA status, an employment authorization document (EAD), and a valid passport from your country of origin. If any of the documents above has expired you cannot apply.
- You must prove you have a qualifying reason to travel abroad.
Here are the only valid reasons DACA recipients can use to travel:
- Study abroad or participate in academic research
- Overseas job assignments, conferences, or training programs
- Seek medical treatment unavailable in the US, visit an ailing relative, or attend the funeral of a close family member.
If you don’t have legal permanent residence in the US, you don’t want to risk attracting attention to your situation and you certainly don’t want to be barred from re-entering the country. If you need to travel, talk to experienced immigration attorneys in San Antonio before filing for advance parole. They will tell you if you meet the criteria and help you file your application.
Your lawyers will also evaluate the risks of you traveling abroad. If you’ve been placed in removal proceedings you won’t be allowed back into the country. Also, if you have been charged or convicted of certain crimes, advance parole is not an option.
If you don’t have legal permanent residence in the US and you need to travel, get in touch with an experienced lawyer at the Law Office of J. Joseph Cohen in San Antonio and let them help you. Also, if you want to apply for DACA or a Green Card, their immigration lawyers can guide you through the process.
San Antonio, TX
206 East Locust Street
San Antonio, TX 78212
Phone: (210) 769-3273
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