Can I Travel With DACA? A Comprehensive Guide for 2024

Traveling with DACA (Deferred Action for Childhood Arrivals) can be complex. At SIXT.VN, we aim to provide clear and helpful guidance for DACA recipients looking to explore the world while ensuring they comply with all necessary regulations. Discover how to navigate travel restrictions and requirements, and let us help you make your travel dreams a reality with our convenient services in Vietnam.

1. Understanding DACA and Travel

What is Deferred Action for Childhood Arrivals (DACA)?

Deferred Action for Childhood Arrivals (DACA) is a program that allows certain individuals who came to the United States as children to receive a deferral from deportation and become eligible for a work permit. According to the Department of Homeland Security (DHS), DACA provides a form of prosecutorial discretion, ensuring enforcement resources are focused on those who pose the greatest threat to homeland security. This does not grant lawful immigration status but allows recipients to live and work in the U.S. temporarily.

Does DACA Provide a Path to Lawful Status or Citizenship?

No, DACA does not provide a direct path to a green card or citizenship. It is a temporary form of protection from deportation. Permanent residency and citizenship can only be granted by Congress.

2. Key Considerations for DACA Recipients Planning to Travel

Can DACA Recipients Travel Outside the United States?

DACA recipients can travel outside the United States, but it is not automatic. To travel internationally, you must apply for and receive Advance Parole.

What is Advance Parole?

Advance Parole is a document that allows certain immigrants, including DACA recipients, to leave and re-enter the U.S. legally. It guarantees that you can return to the U.S. after traveling abroad, provided you meet certain conditions.

Person holding a passport and airplane ticket at the airport

How to Apply for Advance Parole

To obtain Advance Parole, you must file Form I-131, Application for Travel Document, with USCIS (U.S. Citizenship and Immigration Services). Provide a detailed explanation of why you need to travel and include any supporting documents.

What are Acceptable Reasons to Travel with Advance Parole?

USCIS typically grants Advance Parole for three main reasons:

• Humanitarian Reasons: Including medical treatment, attending a funeral for a family member, or visiting a sick relative.
• Educational Purposes: Such as studying abroad or conducting academic research.
• Employment Purposes: Including overseas assignments, job interviews, conferences, or training.

Is Vacation a Valid Reason for Advance Parole?

No, traveling for vacation is generally not considered a valid reason for obtaining Advance Parole.

When Should I Apply for Advance Parole?

It’s advisable to apply for Advance Parole well in advance of your planned travel dates, as processing times can vary. Check the current USCIS processing times for Form I-131 to get an estimate.

What Happens if I Travel Without Advance Parole?

Traveling outside the U.S. without Advance Parole can have serious consequences, including being denied re-entry and potentially losing your DACA status.

How Does Unauthorized Travel Affect DACA Status?

Unauthorized travel outside the U.S. on or after August 15, 2012, can interrupt your continuous residence and jeopardize your DACA status. According to 8 CFR 236.23(d)(2), USCIS may terminate a grant of DACA for recipients who depart from the U.S. without Advance Parole and subsequently re-enter without inspection.

Do Brief Departures From the United States Interrupt the Continuous Residence Requirement?

A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. However, unauthorized travel outside of the United States on or after Aug. 15, 2012, will interrupt continuous residence, regardless of whether it was otherwise brief, casual, and innocent.

3. Understanding The DACA Renewal Process

Can I Renew My DACA Status?

Yes, you can request to renew your DACA status. USCIS will consider your request on a case-by-case basis under 8 CFR 236.22-23. If approved, you will receive deferred action for another two years, and if you can demonstrate an economic necessity for employment, you may receive employment authorization for that period.

When Should I File My DACA Renewal Request?

USCIS strongly encourages you to submit your DACA renewal request between 120 and 150 days (4 to 5 months) before the expiration date located on your current Form I-797 DACA approval notice and Employment Authorization Document (EAD). Filing within this window reduces the risk of your current DACA expiring before you receive a decision on your renewal request.

What are the Requirements for DACA Renewal?

To be eligible for DACA renewal, you must:

• Meet the initial DACA guidelines.
• Not have engaged in unauthorized travel outside the United States on or after August 15, 2012.
• Have continuously resided in the United States since your most recent DACA approval.
• Not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and not pose a threat to national security or public safety.

Can I File a Renewal Request Outside the Recommended Filing Period of 120 to 150 Days?

Yes, but filing earlier than 150 days before your current DACA expiration date will not result in a faster decision. Filing less than 120 days before your current period of DACA expires increases the risk that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request.

What Forms Do I Need to File to Renew My DACA?

To renew your DACA, you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet, establishing your economic need for employment.

What if My Previous Period of DACA Expires Before I Receive a Renewal?

If your previous period of DACA expires before you receive a renewal, you will accrue unlawful presence for any time between the periods of deferred action, unless you are under 18 years of age at the time you submit your renewal request. Additionally, you will not be authorized to work in the United States until you receive a new EAD from USCIS.

Is There an Online Filing Option for DACA Renewal Requests?

Yes, DACA recipients can submit a DACA renewal request online by creating a USCIS online account.

4. Navigating Travel to Vietnam with DACA and Advance Parole

Why Choose Vietnam as Your Travel Destination?

Vietnam offers a rich blend of culture, history, and natural beauty. From the bustling streets of Hanoi to the serene landscapes of Ha Long Bay, Vietnam provides a diverse range of experiences for travelers.

Aerial view of Ha Long Bay, Vietnam, showcasing its stunning natural beauty

How Can SIXT.VN Assist DACA Recipients Traveling to Vietnam?

SIXT.VN specializes in providing seamless travel solutions for international visitors to Vietnam, particularly those interested in exploring Hanoi and its surrounding areas. Our services include:

• Visa Guidance: We offer assistance in understanding Vietnam’s visa requirements and processes for DACA recipients.
• Airport Transfers: Enjoy stress-free arrivals and departures with our reliable airport transfer services.
• Hotel Booking: Choose from a wide range of hotels to suit your budget and preferences, ensuring a comfortable stay.
• Tour Packages: Discover the best of Hanoi and beyond with our curated tour packages, tailored to your interests.
• Flight Bookings: We help you find the most convenient and affordable flight options for your trip.
• Travel Itinerary Planning: Customized itineraries to make the most of your time in Vietnam.

What Are the Entry Requirements for Vietnam?

As of 2024, visitors to Vietnam typically need:

• Visa: Depending on your nationality, you may need to obtain a visa before traveling. Vietnam offers e-visas for many countries, simplifying the application process.
• Passport: Your passport must be valid for at least six months beyond your intended stay in Vietnam.
• Proof of Accommodation: Hotel reservations or other accommodation details may be required.
• Return Ticket: Evidence of your intention to leave Vietnam at the end of your visit.

Visa Information for DACA Recipients

DACA recipients with Advance Parole are generally treated as if they have a valid immigration status for visa purposes. When applying for a Vietnamese visa, it’s important to:

• Disclose Your DACA Status: Be transparent about your immigration status on your visa application.
• Provide Proof of Advance Parole: Include a copy of your Advance Parole document with your application.
• Check the Latest Guidelines: Visa requirements can change, so verify the most current information with the Vietnamese embassy or consulate in the U.S.

What Travel Documents Should DACA Recipients Carry When Traveling to Vietnam?

When traveling to Vietnam, DACA recipients should carry the following documents:

• Valid Passport: Ensure your passport is valid for at least six months beyond your intended stay.
• Advance Parole Document: Carry the original Advance Parole document approved by USCIS.
• Vietnamese Visa: If required, have your valid Vietnamese visa.
• DACA Approval Notice: A copy of your DACA approval notice (Form I-797).
• Employment Authorization Document (EAD): Your valid EAD card.

How to Ensure a Smooth Re-Entry to the U.S. After Visiting Vietnam

To avoid issues when re-entering the U.S., ensure that:

• Your Advance Parole is Valid: Make sure your Advance Parole document has not expired.
• You Have Not Violated Any Immigration Laws: Ensure you have complied with all immigration laws during your stay abroad.
• You Can Demonstrate Continuous Residence: Be prepared to show evidence of your continuous residence in the U.S.

What Evidence of Continuous Residence Should I Carry?

You can carry documents like:

• Rent receipts or utility bills.
• Employment records (pay stubs, W-2 forms).
• School records (transcripts, report cards).
• Bank statements.

What Happens Upon Re-Entry to the United States?

When you arrive back in the U.S., you will be inspected by a Customs and Border Protection (CBP) officer. Be prepared to present your Advance Parole document, passport, and other relevant documents. The CBP officer will determine whether to parole you back into the U.S.

What Are Some Tips for Interacting with CBP Officers Upon Re-Entry?

• Be polite and respectful.
• Answer questions honestly and directly.
• Present your documents clearly and in an organized manner.
• If you are unsure about a question, ask for clarification.

What Can Cause Issues at the Border?

Issues can arise if:

• Your Advance Parole document is expired or invalid.
• You have violated any U.S. immigration laws.
• There are concerns about your admissibility to the U.S.

What Happens if I Am Detained at the Border?

If you are detained at the border, you have the right to:

• Remain silent.
• Speak to an attorney.
• Contact your embassy or consulate.

Can I Request Consideration for Deferred Action Under 8 CFR 236.21-236.25 if I Live in the Commonwealth of the Northern Mariana Islands (CNMI)?

Yes, in certain circumstances. The CNMI is part of the United States for immigration purposes and is not excluded from this process. However, because of the specific guidelines for consideration of DACA, individuals who have been residents of the CNMI are in most cases unlikely to meet the criteria at 8 CFR 236.22(b).

Map of Hanoi, Vietnam, highlighting key attractions and SIXT.VN's address

5. Exploring Hanoi and Beyond: Must-Visit Destinations

Hanoi: The Heart of Vietnam

Hanoi, the capital city of Vietnam, is a vibrant mix of ancient history and modern development. Key attractions include:

• Old Quarter: A bustling commercial hub with narrow streets and traditional shops.
• Hoan Kiem Lake: A picturesque lake in the heart of Hanoi, perfect for a leisurely stroll.
• Temple of Literature: Vietnam’s first university, showcasing traditional Vietnamese architecture.
• Ho Chi Minh Mausoleum: A historical site where the preserved body of Ho Chi Minh is displayed.

Ha Long Bay: A Natural Wonder

Located about 170 km (105 miles) from Hanoi, Ha Long Bay is a UNESCO World Heritage site renowned for its stunning limestone karsts and emerald waters. Popular activities include:

• Cruises: Explore the bay on a traditional junk boat, with options for day trips or overnight stays.
• Kayaking: Paddle through the karsts and explore hidden caves and lagoons.
• Swimming: Take a refreshing dip in the bay’s clear waters.

Sapa: Trekking in the Rice Terraces

Sapa, a mountainous town in northern Vietnam, is famous for its breathtaking rice terraces and diverse ethnic cultures. Highlights include:

• Trekking: Hike through the rice terraces and visit local villages.
• Fansipan Peak: Conquer Vietnam’s highest peak with a challenging trek or cable car ride.
• Local Markets: Experience the vibrant culture of the local ethnic communities.

Ninh Binh: The “Inland Ha Long Bay”

Ninh Binh, often referred to as the “Inland Ha Long Bay,” features stunning limestone formations, caves, and rivers. Key attractions include:

• Trang An: Take a boat tour through the scenic Trang An grottoes.
• Tam Coc: Explore the “Three Caves” by boat, passing through rice paddies and limestone karsts.
• Bai Dinh Pagoda: Visit Southeast Asia’s largest pagoda complex.

6. Essential Tips for Traveling in Vietnam

Currency and Payments

The currency in Vietnam is the Vietnamese Dong (VND). While credit cards are accepted in larger establishments, it’s a good idea to carry cash for smaller shops and local markets.

Transportation

In cities like Hanoi, you can use taxis, ride-hailing apps like Grab, or rent a motorbike. For longer distances, consider taking a train or bus. SIXT.VN also provides private car services for convenient and comfortable travel.

Accommodation

Vietnam offers a wide range of accommodations, from budget-friendly hostels to luxury hotels and resorts. Booking in advance is recommended, especially during peak tourist seasons.

Food and Drink

Vietnamese cuisine is world-renowned for its fresh ingredients and bold flavors. Must-try dishes include pho (noodle soup), banh mi (sandwich), and fresh spring rolls. Be sure to sample local specialties at street food stalls and traditional restaurants.

Health and Safety

Consult your doctor about necessary vaccinations and health precautions before traveling to Vietnam. It’s also advisable to purchase travel insurance that covers medical emergencies.

Cultural Sensitivity

Respect local customs and traditions. Dress modestly when visiting religious sites, and be mindful of Vietnamese etiquette.

7. Frequently Asked Questions (FAQs) About Traveling with DACA

Q1: Can I travel to Vietnam with DACA?

Yes, you can travel to Vietnam with DACA, but you need to obtain Advance Parole from USCIS before leaving the United States.

Q2: How long does it take to get Advance Parole?

Processing times for Advance Parole can vary, so it’s best to apply well in advance of your planned travel dates. Check the USCIS website for the latest processing times.

Q3: What if my Advance Parole expires while I am in Vietnam?

It is crucial to return to the United States before your Advance Parole document expires. If you stay longer, you may face difficulties re-entering the U.S.

Q4: Can SIXT.VN help me with my visa application for Vietnam?

Yes, SIXT.VN can provide guidance and assistance with the visa application process for Vietnam.

Q5: What should I do if I encounter issues at the U.S. border when returning from Vietnam?

If you encounter issues at the border, remain calm and present your documents clearly. You have the right to speak to an attorney and contact your embassy or consulate.

Q6: Can I apply for Advance Parole while in removal proceedings?

Yes, you can apply for Advance Parole even if you are in removal proceedings, but it is essential to consult with an immigration attorney.

Q7: Will the information I share in my DACA request be used for immigration enforcement purposes?

Under 8 CFR 236.23(e)(1), DHS will not use information from your DACA request to initiate immigration enforcement proceedings against you unless there is a criminal offense, fraud, a threat to national security, or public safety concerns.

Q8: Can USCIS terminate my DACA grant?

Yes, DHS may seek to terminate a grant of DACA at any time in its discretion. However, in most cases, you will receive a Notice of Intent to Terminate (NOIT) with an opportunity to respond.

Q9: Can I expedite the processing of my DACA request?

USCIS considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests.

Q10: What is the difference between deferred action and DACA under 8 CFR 236.21-236.25?

DACA is a form of deferred action. The relief an individual receives with a grant of DACA under 8 CFR 236.21-236.25 is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.

8. Conclusion: Your Journey to Vietnam Awaits

Traveling with DACA requires careful planning and adherence to specific guidelines. However, with the right preparation and support, DACA recipients can explore the world and create unforgettable memories. Let SIXT.VN be your trusted partner in planning your dream trip to Vietnam. We offer tailored travel solutions to ensure a smooth and enjoyable experience.

Contact us today to start planning your adventure:

• Address: 260 Cau Giay, Hanoi, Vietnam
• Hotline/WhatsApp: +84 986 244 358
• Website: SIXT.VN

Embark on your journey with confidence and discover the beauty of Vietnam with SIXT.VN!