Can A Person With DACA Travel Outside The US?

Can A Person With Daca Travel Outside The Us? SIXT.VN understands that as a DACA recipient, the possibility of international travel can be both exciting and concerning. We’re here to provide clarity and resources to help you navigate this complex situation, ensuring you make informed decisions about your travel plans with immigration advice, legal guidance and risk assessment.

1. Understanding DACA and International Travel

Yes, a person with DACA (Deferred Action for Childhood Arrivals) can travel outside the US, but it’s not without potential risks. To travel internationally, DACA recipients must obtain Advance Parole. Advance Parole is a document that allows DACA recipients to temporarily leave the United States and return legally.

Advance Parole allows specific individuals to re-enter the U.S. after a temporary departure. According to U.S. Citizenship and Immigration Services (USCIS), Advance Parole is typically granted for humanitarian reasons, educational pursuits, or employment purposes. However, even with Advance Parole, readmission isn’t guaranteed, and you should seek legal counsel before making any international travel plans.

1.1. What is DACA?

DACA, or Deferred Action for Childhood Arrivals, is an immigration policy established in 2012 that allows certain individuals who entered the United States as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit. According to the USCIS, DACA does not provide lawful status, but it allows recipients to live and work in the U.S. without fear of deportation during the deferral period.

1.2. What is Advance Parole?

Advance Parole is a document issued by USCIS that allows certain non-citizens, including DACA recipients, to travel outside the United States temporarily and return legally. According to USCIS, Advance Parole is generally granted for humanitarian reasons, educational reasons, or employment purposes. It is crucial to understand that Advance Parole does not guarantee readmission into the United States.

1.3. Why Do DACA Recipients Need Advance Parole to Travel?

DACA recipients need Advance Parole to travel because without it, leaving the United States could jeopardize their DACA status and their ability to return. The DACA program does not grant lawful permanent residency or citizenship. Therefore, travel outside the U.S. without prior authorization could be seen as abandoning their application or status. Advance Parole provides the necessary permission for DACA recipients to travel and return legally, ensuring they can maintain their DACA status.

2. How to Obtain Advance Parole

The process of obtaining Advance Parole involves several steps and requires careful attention to detail.

2.1. Eligibility Requirements

To be eligible for Advance Parole as a DACA recipient, you must meet certain requirements:

• Valid DACA Status: You must have current, valid DACA status.
• Purpose of Travel: Your travel must be for humanitarian reasons, educational purposes, or employment reasons.
• No Criminal Record: You should not have a criminal record or any other issues that could negatively impact your application.

2.2. Application Process

The application process for Advance Parole involves the following steps:

1. Form I-131, Application for Travel Document: Complete and submit Form I-131, Application for Travel Document, to USCIS. This form requires detailed information about your background, DACA status, and the reasons for your travel.
2. Supporting Documentation: Include supporting documents that demonstrate the humanitarian, educational, or employment reasons for your travel. This might include letters from doctors, schools, or employers.
3. Fees: Pay the required filing fee for Form I-131. As of 2024, the filing fee is $575. Check the USCIS website for the most current fee information.
4. Biometrics Appointment (If Required): USCIS may require you to attend a biometrics appointment to provide fingerprints and a photograph.
5. Interview (If Required): In some cases, USCIS may require an interview to further assess your application.

2.3. Required Documentation

When applying for Advance Parole, you will need to provide the following documentation:

• Form I-131: Completed and signed.
• Copy of DACA Approval Notice (Form I-797): This proves your current DACA status.
• Evidence of Humanitarian, Educational, or Employment Reason for Travel: Documents that support your reason for travel, such as letters from doctors, schools, or employers.
• Passport-Style Photos: Two passport-style photos taken within the last 30 days.
• Proof of Identity: A copy of your government-issued photo ID.
• Filing Fee: Payment for the Form I-131 filing fee.

2.4. Filing Fee and Payment Options

The filing fee for Form I-131 is $575 as of 2024. It’s important to check the USCIS website for the most current fee information. You can pay the fee with a money order, personal check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions. Ensure that you follow the payment instructions provided by USCIS to avoid delays in processing your application.

2.5. Processing Times

Processing times for Advance Parole can vary. According to USCIS, processing times can range from several months to over a year. It’s crucial to apply well in advance of your planned travel date to allow sufficient time for processing. Check the USCIS website for the most up-to-date processing times.

3. Traveling to Vietnam with DACA and Advance Parole

For DACA recipients considering travel to Vietnam, it’s essential to understand both the U.S. requirements and the entry requirements of Vietnam. With SIXT.VN, you can find reliable information and services to help make your trip as smooth as possible.

3.1. Vietnam Entry Requirements for DACA Recipients

DACA recipients traveling to Vietnam must meet specific entry requirements, including:

• Valid Passport: Your passport must be valid for at least six months beyond your intended stay in Vietnam.
• Visa: Depending on your nationality, you may need a visa to enter Vietnam. It’s essential to check the specific visa requirements for your country of citizenship.
• Advance Parole Document: You must have your valid Advance Parole document with you when you enter Vietnam.

3.2. Visa Requirements for Vietnam

Visa requirements for Vietnam vary depending on your nationality. Most nationalities require a visa for tourism or business purposes. You can apply for a visa through the Vietnamese embassy or consulate in your country. Some nationalities are eligible for e-visas, which can be obtained online.

3.3. Booking Flights and Accommodations

When booking flights and accommodations for your trip to Vietnam, consider the following:

• Flights: Book your flights well in advance to secure the best prices. Use reliable booking platforms to compare prices and flight options.
• Accommodations: Research and book accommodations that suit your budget and preferences. Options range from budget-friendly hostels to luxury hotels.
• SIXT.VN Services: SIXT.VN offers convenient booking services for flights, hotels, and transportation, making it easier to plan your trip to Vietnam.

3.4. Travel Insurance

It is highly recommended to purchase travel insurance for your trip to Vietnam. Travel insurance can protect you against unexpected events such as medical emergencies, trip cancellations, and lost luggage. Ensure that your travel insurance covers medical expenses, emergency evacuation, and other potential risks.

4. Potential Risks and Considerations

Even with Advance Parole, there are potential risks and considerations that DACA recipients should be aware of before traveling outside the United States.

4.1. No Guarantee of Re-Entry

Advance Parole does not guarantee re-entry into the United States. U.S. Customs and Border Protection (CBP) officers have the authority to deny re-entry if they have concerns about your admissibility. This could be due to factors such as a criminal record or issues with your immigration status.

4.2. Changes in Immigration Policy

Immigration policies and enforcement priorities can change rapidly, especially under a new administration. These changes could impact how CBP officers handle re-entry at airports and borders. It’s essential to stay informed about any changes in immigration policy that could affect your travel plans.

4.3. Ongoing Court Cases

DACA has been subject to ongoing legal challenges, and its future remains uncertain. Recent court rulings have declared parts of DACA unlawful, adding uncertainty to the program’s future. This uncertainty could impact your ability to travel and return to the United States.

4.4. Possible Interactions with Law Enforcement

Any contact with state and local law enforcement, even if it didn’t affect your DACA eligibility, could raise red flags with CBP officers. Arrests, charges, or convictions could negatively impact your chances of re-entry.

5. Recommendations Before Traveling

Given the potential risks and considerations, it’s crucial to take certain precautions before traveling outside the United States with DACA and Advance Parole.

5.1. Consult with an Immigration Attorney

It is highly recommended to consult with an experienced immigration attorney before making any travel plans. An attorney can assess your individual circumstances, advise you on the potential risks, and help you make the best decision for your situation. They can also provide legal representation if you encounter any issues upon your return to the United States.

5.2. Gather Necessary Documentation

Ensure that you have all the necessary documentation for your trip, including:

• Valid Passport: Your passport must be valid for at least six months beyond your intended stay in Vietnam.
• Advance Parole Document: Carry your original Advance Parole document with you at all times.
• DACA Approval Notice (Form I-797): This proves your current DACA status.
• Evidence of Humanitarian, Educational, or Employment Reason for Travel: Documents that support your reason for travel.
• Visa (If Required): Obtain the necessary visa for Vietnam before your trip.

5.3. Inform Yourself About Current Immigration Policies

Stay informed about current immigration policies and enforcement priorities. Monitor the USCIS website and other reliable sources for any updates that could affect your travel plans. Be aware of any changes in policy that could impact your re-entry into the United States.

5.4. Keep Copies of Important Documents

Make copies of all your important documents, including your passport, Advance Parole document, DACA approval notice, and visa. Keep the copies in a safe place separate from the originals. This will help you in case your documents are lost or stolen.

5.5. Emergency Contacts

Keep a list of emergency contacts with you, including the phone numbers of your immigration attorney, family members, and friends. In case of an emergency, these contacts can provide assistance and support.

6. What to Expect When Re-Entering the U.S.

When re-entering the United States with Advance Parole, you should be prepared for potential scrutiny from CBP officers.

6.1. Inspection Process

Upon arrival at a U.S. port of entry, you will be subject to inspection by CBP officers. Be prepared to answer questions about your trip, your reasons for traveling, and your intentions in the United States. The CBP officer will review your documents, including your passport, Advance Parole document, and DACA approval notice.

6.2. Possible Questions from CBP Officers

CBP officers may ask you a variety of questions, including:

• What was the purpose of your trip to Vietnam?
• How long did you stay in Vietnam?
• What did you do while you were in Vietnam?
• Do you have any criminal record?
• Are you currently employed or attending school?

Answer the questions truthfully and provide any additional information that the CBP officer requests.

6.3. Potential Delays or Detainment

There is a possibility that you could experience delays or be detained by CBP officers. This could be due to concerns about your admissibility or issues with your documents. If you are detained, remain calm and politely request to speak with your immigration attorney.

6.4. Rights Upon Re-Entry

You have certain rights upon re-entry into the United States, including the right to remain silent and the right to speak with an attorney. If you are detained or questioned, you have the right to refuse to answer questions and request the presence of an attorney.

7. SIXT.VN Services for Travelers to Vietnam

SIXT.VN offers a range of services to help travelers plan and enjoy their trip to Vietnam.

7.1. Flight Booking

SIXT.VN can help you find and book flights to Vietnam that suit your budget and preferences. We offer a variety of flight options from different airlines, making it easy to compare prices and schedules.

7.2. Hotel Booking

SIXT.VN offers a wide selection of hotels in Vietnam, ranging from budget-friendly options to luxury accommodations. You can search for hotels based on your budget, location, and amenities.

7.3. Airport Transfer

SIXT.VN provides convenient airport transfer services in Vietnam. You can book a private car or shuttle to take you from the airport to your hotel or other destination. This is a hassle-free way to start your trip.

7.4. Tours and Activities

SIXT.VN offers a variety of tours and activities in Vietnam. You can explore the country’s rich culture and history with guided tours of popular attractions, such as Hanoi, Ha Long Bay, and Hoi An.

7.5. Travel Packages

SIXT.VN offers customized travel packages that include flights, accommodations, and tours. These packages are designed to make planning your trip to Vietnam easy and convenient.

7.6. Car Rental

For those who prefer to explore Vietnam at their own pace, SIXT.VN provides car rental services. You can choose from a variety of vehicles to suit your needs, whether you’re traveling alone or with a group.

8. Tips for a Smooth Trip to Vietnam

To ensure a smooth and enjoyable trip to Vietnam, consider the following tips:

• Plan Ahead: Research and plan your itinerary in advance, including booking flights, accommodations, and tours.
• Learn Basic Vietnamese Phrases: Learning a few basic Vietnamese phrases can help you communicate with locals and enhance your travel experience.
• Pack Appropriately: Pack clothing that is suitable for the climate in Vietnam, including lightweight and breathable fabrics.
• Stay Hydrated: Drink plenty of water to stay hydrated, especially in hot and humid weather.
• Be Aware of Scams: Be aware of common scams targeting tourists and take precautions to protect yourself.
• Respect Local Customs: Respect local customs and traditions, including dressing modestly when visiting temples and pagodas.
• Bargain When Shopping: Bargaining is common in markets and shops in Vietnam. Don’t be afraid to negotiate prices.
• Try Local Cuisine: Vietnam is known for its delicious cuisine. Be sure to try local dishes such as pho, banh mi, and spring rolls.

9. Real-Life Stories and Experiences

Hearing from other DACA recipients who have traveled outside the United States can provide valuable insights and reassurance.

9.1. Positive Travel Experiences

Many DACA recipients have had positive experiences traveling outside the United States with Advance Parole. They have been able to visit family, pursue educational opportunities, and explore new cultures without any issues upon re-entry. These experiences highlight the benefits of Advance Parole and the importance of following all the necessary steps to ensure a smooth trip.

9.2. Challenges Faced

Some DACA recipients have faced challenges when traveling outside the United States with Advance Parole. These challenges can include delays at the airport, increased scrutiny from CBP officers, and concerns about re-entry. It’s important to be prepared for these potential challenges and to have a plan in place to address them.

9.3. Lessons Learned

DACA recipients who have traveled outside the United States have learned valuable lessons about the importance of preparation, documentation, and legal guidance. They emphasize the need to consult with an immigration attorney before traveling and to stay informed about current immigration policies. They also stress the importance of remaining calm and assertive when interacting with CBP officers.

10. Frequently Asked Questions (FAQs)

Here are some frequently asked questions about DACA and international travel:

10.1. Can I travel to any country with Advance Parole?

Yes, you can generally travel to any country with Advance Parole, but it’s essential to check the entry requirements of the specific country you plan to visit.

10.2. How long can I stay outside the U.S. with Advance Parole?

The duration of your stay outside the U.S. with Advance Parole is typically limited to the period specified on your Advance Parole document.

10.3. What happens if my Advance Parole expires while I am outside the U.S.?

If your Advance Parole expires while you are outside the U.S., you may not be able to re-enter the country. It’s crucial to return to the U.S. before your Advance Parole expires.

10.4. Can I renew my DACA while I am outside the U.S.?

No, you cannot renew your DACA while you are outside the U.S. You must be physically present in the U.S. to renew your DACA status.

10.5. What if I have a criminal record?

If you have a criminal record, it could negatively impact your ability to obtain Advance Parole and re-enter the U.S. It’s essential to consult with an immigration attorney to assess your individual circumstances.

10.6. Is Advance Parole guaranteed?

No, Advance Parole is not guaranteed. USCIS has the discretion to approve or deny Advance Parole applications.

10.7. What should I do if I am detained at the airport?

If you are detained at the airport, remain calm and politely request to speak with your immigration attorney. You have the right to remain silent and the right to request the presence of an attorney.

10.8. How long does it take to get Advance Parole?

Processing times for Advance Parole can vary. According to USCIS, processing times can range from several months to over a year.

10.9. What if my DACA status expires while I am outside the U.S.?

If your DACA status expires while you are outside the U.S., you may not be able to re-enter the country. It’s crucial to maintain your DACA status and renew it before it expires.

10.10. Can I apply for Advance Parole if I have a pending DACA application?

You can apply for Advance Parole if you have a pending DACA application, but it’s essential to consult with an immigration attorney to assess your individual circumstances.

Traveling outside the United States with DACA and Advance Parole can be a complex and potentially risky process. However, with careful planning, proper documentation, and legal guidance, DACA recipients can travel safely and enjoy the benefits of international travel. SIXT.VN is here to provide reliable information and services to help make your trip to Vietnam as smooth and enjoyable as possible.

Navigating the complexities of international travel as a DACA recipient requires careful planning and reliable information. At SIXT.VN, we understand the unique challenges you face and are committed to providing the support and resources you need for a successful trip to Vietnam. From booking flights and accommodations to arranging airport transfers and tours, we’re here to assist you every step of the way.

Don’t let uncertainty hold you back from exploring the world. Contact SIXT.VN today to learn more about our services and how we can help you plan your dream trip to Vietnam with confidence. Let us take care of the details so you can focus on creating unforgettable memories.

Address: 260 Cau Giay, Hanoi, Vietnam

Hotline/Whatsapp: +84 986 244 358

Website: SIXT.VN