Navigating travel with DACA status can be complex, but SIXT.VN is here to simplify the process for you. This comprehensive guide will provide you with the latest updates and clear answers regarding your ability to travel, both within and outside the United States, while under DACA protection. Discover how SIXT.VN’s services can enhance your travel experiences, offering seamless solutions for booking flights, accommodations, and tours in Vietnam. Learn more about advance parole, continuous residence, and the implications of international travel, ensuring you stay informed and protected.
DACA recipients at graduation ceremony
1. Understanding DACA and Travel
Deferred Action for Childhood Arrivals (DACA) offers temporary protection from deportation to eligible undocumented immigrants who came to the United States as children. While DACA provides significant benefits, it also comes with specific travel restrictions. According to research from the Migration Policy Institute in 2021, understanding these restrictions is crucial for DACA recipients planning any travel.
1.1. What is DACA?
DACA is a form of deferred action, a discretionary determination to defer the removal of an individual as an act of prosecutorial discretion. For individuals granted DACA under 8 CFR 236.21 through 236.23, this means they are authorized to be in the United States for the duration of the deferred action period and may be eligible for employment authorization if they can demonstrate an economic necessity for employment.
1.2. Does DACA Provide a Path to Legal Status or Citizenship?
No, DACA does not provide a path to permanent resident status (a Green Card) or citizenship. It is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. According to the U.S. Citizenship and Immigration Services (USCIS), only Congress can confer these rights.
2. Key Considerations for Travel with DACA
Traveling with DACA involves several key considerations to ensure you do not jeopardize your status. It’s essential to understand these factors before making any travel plans.
2.1. Advance Parole: Your Key to International Travel
Advance parole is a document that allows DACA recipients to travel outside the United States and return legally. It is crucial to obtain advance parole before leaving the U.S. 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. According to USCIS, travel for vacation is not a valid basis for advance parole. Generally, they 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.
2.2. Continuous Residence Requirement
Maintaining continuous residence in the United States is vital for DACA recipients. Any unauthorized travel outside of the United States on or after August 15, 2012, will interrupt your continuous residence, and you will not be considered for deferred action under 8 CFR 236.21-236.25.
2.3. Risks of Traveling Without Advance Parole
Leaving the United States without first obtaining an advance parole document carries significant risks. DACA recipients who do so run a substantial risk of being unable to reenter the United States. We may terminate a grant of DACA, in our discretion and after issuing a Notice of Intent to Terminate with an opportunity to respond, for DACA recipients who depart from the United States without first obtaining an advance parole document and subsequently enter the United States without inspection. See 8 CFR 236.23(d)(2).
3. Navigating the Advance Parole Process
The advance parole process involves several steps, from application to approval. Here’s a detailed guide to help you navigate it successfully.
3.1. Eligibility for Advance Parole
To be eligible for advance parole, you must have a valid DACA status. Travel for vacation is not a valid basis for advance parole.
3.2. Required Documentation
When applying for advance parole, you need to submit Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, along with the required fee. Ensure you are using the most current version of the form available on the USCIS website. Supporting documents may include:
- A copy of your DACA approval notice
- Evidence of the humanitarian, educational, or employment reason for your travel
- Passport photos
3.3. Filing Form I-131
Complete Form I-131 accurately and truthfully. Provide detailed information about your reasons for travel and include all required documentation. The filing addresses for a DACA renewal request and an advance parole request are different, and you must send each request to its appropriate filing address. We will not issue an advance parole document for a period that continues past your DACA validity period.
3.4. What to Expect After Filing
After filing Form I-131, USCIS will review your application. They may request additional evidence or information. If approved, you will receive an advance parole document, allowing you to travel outside the U.S.
3.5. Emergency Advance Parole
If you are experiencing an extremely urgent situation and need to travel within 90 days, you may request an emergency advance parole appointment at your local field office by contacting the USCIS Contact Center. You should bring the following items to your appointment:
- A completed and signed Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records;
- The correct Form I-131 filing fee;
- Evidence to support the emergency request (such as medical documentation, death certificate, etc.); and
- 2 passport-style photos.
4. DACA Renewal and Travel
Renewing your DACA status is crucial, especially if you plan to travel. Here’s what you need to know.
4.1. When to File for Renewal
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 EAD. Filing during this window reduces the risk that your current period of DACA will expire before you receive a decision on your renewal request. Filing earlier than 150 days before your current DACA expiration date will not result in a faster decision.
4.2. Renewal Requirements
To renew your DACA, you must meet the guidelines for consideration of Initial DACA (see above and 8 CFR 236.22(b)) and you:
- Did not engage in unauthorized travel outside the United States on or after Aug. 15, 2012;
- Have continuously resided in the United States since you submitted your most recent request for DACA that was approved up to the present time; and
- Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
4.3. Requesting Advance Parole During Renewal
You may file an advance parole request at the same time as a DACA renewal request (but not at the same time as an initial DACA request). However, the filing addresses for a DACA renewal request and an advance parole request are different, and you must send each request to its appropriate filing address.
5. Travel Restrictions and Considerations
Understanding the specific travel restrictions and considerations is essential for DACA recipients.
5.1. Unauthorized Travel
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 under 8 CFR 236.21-236.25.
5.2. Travel After Being Ordered Deported
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.
CAUTION: If you have been ordered deported or removed, 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.
5.3. Re-entry into the U.S.
When you leave the United States, you are no longer in a period of deferred action. DACA recipients who leave the United States without first obtaining an advance parole document run a significant risk of being unable to reenter the United States. We strongly encourage you to obtain an advance parole document before you leave to reduce the risk of being unable to return and resume DACA.
6. How SIXT.VN Can Help You Plan Your Trip
SIXT.VN offers a range of services to make your travel experience seamless and enjoyable.
6.1. Tailored Travel Advice for DACA Recipients
SIXT.VN provides personalized travel advice, considering the specific needs and restrictions of DACA recipients. This ensures you have all the information you need for a smooth and worry-free trip.
6.2. Flight and Accommodation Bookings
SIXT.VN offers a convenient platform for booking flights and accommodations in Vietnam, making it easy to plan your trip. We offer a variety of options to suit your budget and preferences.
6.3. Guided Tours and Experiences
Explore Vietnam with our guided tours, designed to offer enriching cultural experiences. Our tours are led by knowledgeable guides who can provide insights into the local culture and history.
Hoi An Ancient Town at Night
7. Exploring Vietnam: A DACA Recipient’s Guide
Vietnam offers a wealth of cultural and natural attractions. Here are some must-visit destinations:
7.1. Hanoi: The Cultural Heart
Hanoi, the capital of Vietnam, is known for its rich history, traditional architecture, and vibrant street life. Must-see attractions include:
- Hoan Kiem Lake: A serene lake in the heart of Hanoi, perfect for a leisurely stroll.
- Old Quarter: A bustling area with narrow streets, traditional shops, and delicious street food.
- Temple of Literature: Vietnam’s first university, showcasing traditional Vietnamese architecture and history.
7.2. Ha Long Bay: A Natural Wonder
Ha Long Bay is famous for its stunning limestone karsts and emerald waters, a UNESCO World Heritage site. Activities include:
- Kayaking: Explore the hidden caves and lagoons.
- Cruises: Enjoy a scenic cruise through the bay, with stops at various islands and beaches.
- Swimming: Take a refreshing dip in the clear waters of Ha Long Bay.
7.3. Hoi An: A Historic Town
Hoi An is a charming ancient town with well-preserved architecture and a relaxed atmosphere. Key attractions include:
- Japanese Covered Bridge: A historic bridge built in the 16th century, connecting the Japanese and Chinese quarters.
- Ancient Houses: Explore the traditional houses, showcasing unique architectural styles.
- Tailoring Services: Get custom-made clothing from the skilled tailors in Hoi An.
7.4. Ho Chi Minh City: A Modern Metropolis
Ho Chi Minh City, formerly Saigon, is a bustling metropolis with a mix of modern and historical attractions. Highlights include:
- Cu Chi Tunnels: A network of underground tunnels used during the Vietnam War.
- War Remnants Museum: A museum showcasing the history of the Vietnam War.
- Notre-Dame Cathedral: A beautiful cathedral built in the late 19th century.
8. Essential Tips for a Smooth Trip to Vietnam
Here are some essential tips to ensure a smooth and enjoyable trip to Vietnam:
8.1. Visa Requirements
Check the visa requirements for your nationality before traveling to Vietnam. Depending on your citizenship, you may need to obtain a visa in advance.
8.2. Currency and Payment Methods
The local currency in Vietnam is the Vietnamese Dong (VND). Credit cards are accepted in major cities and tourist areas, but it’s a good idea to carry cash for smaller establishments and rural areas.
8.3. Language and Communication
The official language is Vietnamese. English is spoken in tourist areas, but learning a few basic Vietnamese phrases can be helpful.
8.4. Health and Safety
Consult your doctor about recommended vaccinations and health precautions before traveling. Ensure you have travel insurance that covers medical emergencies.
8.5. Local Customs and Etiquette
Respect local customs and traditions. Dress modestly when visiting temples and pagodas, and be mindful of local etiquette.
9. Common Mistakes to Avoid When Traveling with DACA
Avoid these common mistakes to ensure your travel plans go smoothly:
9.1. Traveling Without Advance Parole
Never travel outside the U.S. without obtaining advance parole. Doing so can jeopardize your DACA status and ability to re-enter the country.
9.2. Providing False Information
Always provide accurate and truthful information on your applications and documents. Providing false information can have serious consequences.
9.3. Ignoring Renewal Deadlines
Keep track of your DACA and EAD expiration dates, and file for renewal well in advance to avoid any lapse in status.
9.4. Engaging in Unauthorized Activities
Avoid engaging in any activities that could jeopardize your DACA status, such as criminal behavior or unauthorized employment.
10. Frequently Asked Questions (FAQs) About DACA and Travel
Here are some frequently asked questions to address common concerns about DACA and travel:
10.1. Can I travel outside the U.S. if I have DACA?
Yes, but you must obtain advance parole before leaving the country.
10.2. What is advance parole?
Advance parole is a document that allows DACA recipients to travel outside the United States and return legally.
10.3. How do I apply for advance parole?
You must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, with USCIS.
10.4. What are valid reasons for requesting advance parole?
Valid reasons include humanitarian, educational, and employment purposes. Travel for vacation is not a valid reason.
10.5. Can I apply for advance parole while my DACA renewal is pending?
Yes, you can file an advance parole request at the same time as a DACA renewal request.
10.6. What happens if I travel without advance parole?
You risk being unable to re-enter the United States and may jeopardize your DACA status.
10.7. How long is advance parole valid?
Advance parole is typically granted for a specific period, depending on the reason for travel.
10.8. Can I renew my DACA if I am no longer enrolled in school?
Yes. Neither Form I-821D nor the instructions ask renewal requestors for information about continued school enrollment or graduation.
10.9. What should I do if my EAD was lost, stolen, or damaged?
If your deferred action under DACA is currently valid, and you do not need to renew it, but you need to replace a valid EAD because yours was lost, stolen, or damaged, file Form I-765, Application for Employment Authorization, and select box 1.b.
10.10. Does deferred action provide a path to permanent resident status?
No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship.
Conclusion
Traveling with DACA requires careful planning and adherence to specific guidelines. By understanding the advance parole process, travel restrictions, and renewal requirements, you can ensure a safe and enjoyable trip. SIXT.VN is here to support you with tailored travel advice, convenient booking services, and enriching tour experiences, making your journey to Vietnam unforgettable. Contact us today to start planning your adventure!
Address: 260 Cau Giay, Hanoi, Vietnam
Hotline/Whatsapp: +84 986 244 358
Website: SIXT.VN
