Navigating travel with DACA can be tricky, especially when considering destinations like Texas. At SIXT.VN, we understand these complexities and provide clear guidance to ensure your journey is as smooth as possible. This comprehensive guide answers your crucial questions about DACA and travel, offering insights into eligibility, restrictions, and necessary precautions for safe and informed travel planning. With SIXT.VN, explore Vietnam worry-free, knowing you have reliable information at your fingertips. Discover hassle-free travel options and valuable travel tips to make your trip memorable.
1. What is Deferred Action for Childhood Arrivals (DACA)?
Deferred Action for Childhood Arrivals (DACA) is a determination to defer removal of an individual as an act of prosecutorial discretion. According to the Department of Homeland Security (DHS), DACA allows certain individuals who came to the United States as children and meet specific criteria to request deferred action for a period of two years, subject to renewal, making them eligible for employment authorization.
DACA offers a form of protection from deportation and the possibility of obtaining a work permit. Deferred action recipients are also considered to be lawfully present as described in 8 C.F.R. sec. 1.3(a)(4)(vi) for purposes of eligibility for certain public benefits during the period of deferred action. However, it is essential to note that DACA does not grant lawful immigration status. It is crucial to understand the scope and limitations of DACA to make informed decisions about travel, employment, and other aspects of life in the United States.
2. What Are the Key Eligibility Requirements for DACA?
To be eligible for DACA, individuals must meet several key requirements. According to USCIS, as of June 15, 2012, you must have been under the age of 31, arrived in the United States before your 16th birthday, and continuously resided in the U.S. since June 15, 2007, until the time of filing. You must have been physically present in the United States on June 15, 2012, and when you filed the application. Additionally, you must be currently enrolled in school, have obtained a high school diploma or GED, or be an honorably discharged veteran.
Applicants must also have had no lawful immigration status on June 15, 2012, and at the time of applying, meaning that any prior status had expired. Furthermore, individuals must not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and they must not pose a threat to national security or public safety. Meeting these requirements is essential for consideration under the DACA program.
3. How Does the DACA Final Rule Impact Current DACA Recipients?
The DACA Final Rule, issued by the Department of Homeland Security (DHS) on August 30, 2022, aims to preserve and fortify the DACA policy. According to DHS, current DACA recipients’ grants of deferred action, work authorization, and any advance parole documents issued will remain valid until their existing terms expire. Renewal requests are now governed by the regulations at 8 CFR 236.21-236.25 and not the 2012 Napolitano Memorandum.
The DACA Final Rule solidifies the DACA policy by codifying the eligibility criteria, application procedures, and limitations of the program into federal regulations. This move aims to provide more stability and legal certainty for DACA recipients, ensuring they can continue to live, work, and study in the United States without fear of deportation, pending they still meet the requirements.
4. Can I Travel Within the U.S. with DACA?
Yes, generally, you can travel within the United States with DACA. According to USCIS guidelines, DACA recipients are permitted to travel freely within the U.S., including to states like Texas. However, it’s crucial to carry your DACA approval notice and Employment Authorization Document (EAD) as proof of your deferred action status.
While federal guidelines permit domestic travel, it’s advisable to be aware of local laws and regulations in the states you plan to visit. Carrying documentation that proves your DACA status helps ensure smooth passage through security checkpoints and other potential encounters with law enforcement. Always stay informed about any changes in federal or state laws that may affect your travel.
5. What Should I Do If Encountered by Law Enforcement While Traveling?
If you are encountered by law enforcement while traveling with DACA, it is essential to remain calm and respectful. According to legal experts, you should clearly state your DACA status and provide your DACA approval notice and Employment Authorization Document (EAD) if requested. It’s crucial to know your rights and avoid any actions that could be misconstrued as resisting arrest.
You have the right to remain silent and do not have to answer any questions without an attorney present. If you feel your rights have been violated, document the incident and seek legal counsel as soon as possible. Understanding your rights and taking appropriate steps can help protect you during encounters with law enforcement.
6. Does DACA Provide a Path to Permanent Residency or Citizenship?
No, DACA does not provide a direct path to permanent residency (Green Card) or citizenship. According to USCIS, DACA is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. The decision to provide a path to citizenship rests solely with Congress through legislative action.
Despite the protections and benefits DACA offers, it remains a temporary solution. DACA recipients must explore other avenues for obtaining permanent residency or citizenship, such as family-based petitions, employment-based sponsorships, or other immigration programs.
7. What Are the Potential Risks and Precautions for Traveling to Texas with DACA?
Traveling to Texas with DACA involves certain risks and requires specific precautions. According to immigration law experts, Texas has historically taken a stringent stance on immigration matters, which can lead to increased scrutiny for DACA recipients. It is essential to carry your DACA approval notice and Employment Authorization Document (EAD) at all times to prove your legal status.
Additionally, be aware of local laws and policies that may impact immigrants. Familiarize yourself with organizations that offer legal assistance to immigrants in Texas, and keep their contact information handy in case of an emergency. While traveling, avoid situations that could lead to interactions with law enforcement, and always remain respectful and cooperative if approached.
8. How Can I Renew My DACA Status?
To renew your DACA status, you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to USCIS. According to USCIS guidelines, it is strongly recommended to file your renewal request between 120 and 150 days (4 to 5 months) before your current DACA expires to minimize the risk of a lapse in your deferred action and work authorization.
Along with Form I-821D, you must also submit Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet, establishing your economic need for employment. Ensure all forms are completed accurately and include the required filing fees to avoid delays or denials. Online filing is available for DACA renewal requests, offering a convenient way to submit forms, pay fees, and track your case status.
9. What Documents Should I Carry While Traveling with DACA?
When traveling with DACA, it is crucial to carry certain documents to prove your status. According to legal experts, the most important documents include your DACA approval notice (Form I-797) and your Employment Authorization Document (EAD). These documents serve as proof that you have been granted deferred action and are authorized to work in the United States.
Additionally, it’s advisable to carry a valid form of government-issued photo identification, such as a driver’s license or passport from your country of origin. Having these documents readily available can help you navigate security checkpoints and potential encounters with law enforcement more smoothly. Keeping copies of these documents in a separate location can also be helpful in case the originals are lost or stolen.
10. Can My DACA Be Terminated?
Yes, your DACA grant can be terminated under certain circumstances. According to USCIS, the Department of Homeland Security (DHS) may seek to terminate a grant of DACA at any time in its discretion. However, in most cases, USCIS will provide DACA recipients with a Notice of Intent to Terminate (NOIT), with an opportunity to respond, before the termination.
DHS may terminate DACA without providing a NOIT and opportunity to respond if you were convicted of a national security-related offense or an egregious public safety offense. DACA recipients should adhere to all laws and regulations to avoid actions that could lead to termination. Understanding the potential grounds for termination and maintaining compliance with the law can help protect your DACA status.
11. Does USCIS Conduct Background Checks When Reviewing My DACA Request?
Yes, USCIS conducts background checks when reviewing your DACA request. According to USCIS, you must undergo biographic and biometric background checks before your DACA request will be considered. These background checks involve verifying your information against a variety of databases maintained by DHS and other federal government agencies.
The background checks are essential for assessing whether you pose a threat to national security or public safety. Any criminal history or other adverse information discovered during the background check process could impact the outcome of your DACA request. Providing accurate and complete information in your application is crucial for ensuring a smooth review process.
12. What Happens If USCIS Denies My DACA Request?
If USCIS denies your DACA request, you cannot file a motion to reopen or reconsider, and you cannot administratively appeal the decision. According to USCIS, you may request a review of your Form I-821D denial by contacting the USCIS Contact Center. However, USCIS will not review its discretionary determination to deny your request for DACA.
You can request a service request if you believe that you met all of the DACA guidelines and that your request was denied due to specific errors, such as the request being denied based on abandonment when you responded to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) within the prescribed time. It is essential to understand the reasons for the denial and seek legal advice to explore potential options.
13. Am I Required to Register with the Selective Service?
Yes, most male persons residing in the United States, who are ages 18 through 25, are required to register with the Selective Service. According to the Selective Service System, this requirement applies to DACA recipients as well. Failure to register with the Selective Service can have implications for future eligibility for federal benefits and opportunities.
It is essential to comply with the Selective Service registration requirement if you meet the age and gender criteria. Visit the Selective Service System website for more information on how to register and the potential consequences of not doing so.
14. How Can I Obtain Employment Authorization with DACA?
To obtain employment authorization with DACA, you must file Form I-765, Application for Employment Authorization, along with your DACA request. According to USCIS, you must demonstrate an economic necessity for employment by submitting Form I-765WS, Worksheet, establishing your need to work. If your DACA request is approved, you will receive an Employment Authorization Document (EAD), allowing you to legally work in the United States.
You must renew your EAD along with your DACA status every two years to maintain your work authorization. Ensure all forms are completed accurately and submitted with the required fees to avoid delays or denials. Having an EAD allows you to pursue employment opportunities and contribute to the U.S. economy while your DACA status is active.
15. What Should I Do If My EAD Is Lost, Stolen, or Damaged?
If your EAD is lost, stolen, or damaged, you should file Form I-765, Application for Employment Authorization, to request a replacement. According to USCIS, you should select box 1.b on the form. Submit the completed Form I-765, evidence that you are a current DACA recipient, and the filing fee to the designated filing address.
Do not file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with your Form I-765 when requesting a replacement EAD. Filing Form I-821D in this situation will result in denial of the form and a loss of the associated filing fee. Promptly requesting a replacement EAD ensures you can continue working legally in the United States without interruption.
16. Will the Information I Share in My DACA Request Be Used for Immigration Enforcement Purposes?
Under 8 CFR 236.23(e)(1), the Department of Homeland Security (DHS) will not use information provided in a DACA request to initiate immigration enforcement proceedings against the requestor. However, there are exceptions. If immigration enforcement proceedings are initiated due to a criminal offense, fraud, a threat to national security, or public safety concerns, the information may be used.
Individuals whose cases are deferred under DACA will not be referred to ICE. However, the information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal. Sharing this information can assist in the consideration of DACA, identify or prevent fraudulent claims, ensure national security, or investigate or prosecute a criminal offense.
17. Are There Fee Waivers Available for DACA Requests?
There are no fee waivers available for DACA requests or employment authorization applications connected to DACA. However, there are very limited fee exemptions available for Form I-821D and related Form I-765s. To be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS showing that you meet one of the following conditions:
You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150 percent of the U.S. poverty level, or you have, at the time of the request, accumulated $10,000 or more in debt in the past 12 months because of unreimbursed medical expenses for yourself or an immediate family member, and your income is less than 150 percent of the U.S. poverty level, or you are under 18 years of age, your income is less than 150% of the U.S. poverty level, and you are:
homeless, or in foster care, or otherwise lacking any parental or other familial support.
18. May I Travel Outside the United States Before I Submit an Initial DACA Request or While My Initial DACA Request Is Pending with USCIS?
Any unauthorized travel outside of the United States on or after Aug. 15, 2012, will interrupt your continuous residence, and you will not be considered for deferred action. We will assess any travel outside of the United States that occurred on or after June 15, 2007, but before Aug. 15, 2012, to determine whether the travel qualifies as brief, casual and innocent.
If you have been ordered deported or removed, and you then leave the United States, your departure will likely mean you are considered deported or removed, with potentially serious future immigration consequences.
19. As a DACA Recipient, Can I Travel Outside of the United States?
Not automatically. If you want to travel outside the United States after receiving DACA, you must apply for an advance parole document by filing Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, and paying the applicable fee. We will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, we will only issue an advance parole document if you want to travel outside the United States for:
Humanitarian purposes, including to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative;
Educational purposes, such as semester abroad programs and academic research; or
Employment purposes, including but not limited to overseas assignments, interviews, conferences or training, consular appointment for an employer-sponsored nonimmigrant visa, or meetings with clients overseas.
Travel for vacation is not a valid basis for advance parole.
Travel for educational purposes means travel affiliated with an institution that provides education as its primary purpose. You do not have to be enrolled in the institution that the program is affiliated with, but you must be enrolled in the program you will be traveling with.
You may not apply for an advance parole document unless and until we approve your DACA request. If you are submitting a DACA renewal request, you may apply for advance parole at the same time; however, there is a separate filing address for advance parole requests, and you must send each request to its appropriate filing address. We will consider all advance parole requests on a case-by-case basis.
If we have granted DACA under 8 CFR 236.21-236.25 after you have been ordered deported or removed, you may still request advance parole if you meet the guidelines for advance parole described above.
Before you leave the United States, you should seek to reopen your case before the EOIR and obtain administrative closure or termination of your removal proceeding. Even after you have asked EOIR to reopen your case, you should not leave the United States until after EOIR has granted your request. If you depart after being ordered deported or removed, and your removal proceeding has not been reopened and administratively closed or terminated, you may be considered deported or removed, with potentially serious future immigration consequences. If you have any questions about this process, you may contact ICE through the local ICE Office of the Principal Legal Advisor with jurisdiction over your case.
FAQ: DACA and Travel
1. Can DACA recipients travel to all U.S. states?
Yes, DACA recipients can generally travel to all U.S. states, including Texas. However, it is important to be aware of local laws and carry necessary documentation.
2. What is advance parole for DACA recipients?
Advance parole allows DACA recipients to travel outside the U.S. for humanitarian, educational, or employment purposes and return legally. It must be obtained before leaving the country.
3. How do I apply for advance parole?
You can apply for advance parole by filing Form I-131, Application for Travel Document, with USCIS, along with the required fee and supporting documentation.
4. What should I do if I am detained while traveling with DACA?
Remain calm, state your DACA status, and provide your DACA approval notice and EAD. You have the right to remain silent and request an attorney.
5. Does having a criminal record affect my ability to travel with DACA?
Yes, certain criminal convictions, such as felonies or significant misdemeanors, can disqualify you from traveling with DACA.
6. Can I expedite my advance parole application?
USCIS considers expedite requests on a case-by-case basis, typically requiring documentation to support the urgent need for travel.
7. What happens if I travel outside the U.S. without advance parole?
Traveling outside the U.S. without advance parole can lead to denial of reentry and termination of your DACA status.
8. How long is DACA valid?
DACA is typically granted for a period of two years, subject to renewal if you continue to meet the eligibility requirements.
9. Where can I find legal assistance if I encounter problems while traveling?
You can find legal assistance from non-profit organizations and immigration attorneys who specialize in DACA-related issues.
10. What is the difference between DACA and lawful immigration status?
DACA is a form of deferred action that provides temporary protection from deportation and work authorization but does not confer lawful immigration status.
Navigating travel with DACA requires careful planning and a thorough understanding of the relevant laws and guidelines. With the right information and precautions, DACA recipients can travel safely and confidently within the United States. Whether you need help planning your trip, booking flights, or finding the perfect hotel, SIXT.VN is here to assist you every step of the way. Contact us today to start planning your next adventure! Address: 260 Cau Giay, Hanoi, Vietnam. Hotline/Whatsapp: +84 986 244 358. Website: SIXT.VN.
