Navigating immigration policies can be complex, especially for DACA recipients. At SIXT.VN, we aim to simplify your travel planning, ensuring you have the information you need. This guide will answer your questions about traveling with DACA, providing clarity and solutions for smooth journeys within and outside the United States. With our expertise, you can confidently explore Vietnam and other destinations, knowing your travel plans are secure.
1. Understanding DACA and Its Implications for Travel
What Exactly is Deferred Action for Childhood Arrivals (DACA)?
Deferred Action for Childhood Arrivals, or DACA, is a United States immigration policy established in 2012. It allows certain undocumented immigrants who entered the country as minors to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit. According to the Department of Homeland Security (DHS), DACA is a discretionary determination to defer removal of an individual as an act of prosecutorial discretion.
Does DACA Grant Lawful Immigration Status?
No, DACA does not provide lawful immigration status. Although DACA recipients are authorized to be in the United States for the duration of the deferred action period, it does not confer any lawful immigration status. However, deferred action recipients are considered lawfully present for certain public benefits, as described in 8 C.F.R. sec. 1.3(a)(4)(vi).
If My Removal is Deferred Under DACA, Can I Obtain Employment Authorization?
Yes, under 8 CFR 274a.12(c)(33), individuals who receive DACA may obtain employment authorization from USCIS, provided they can demonstrate an economic necessity for employment.
Can I Renew My Period of Deferred Action and Employment Authorization Under DACA?
Yes, you can request consideration for a renewal of your DACA. USCIS will consider your request for renewal on a case-by-case basis. If the renewal is approved, you will receive deferred action for another two years, and you may receive employment authorization if you demonstrate an economic necessity for employment.
2. Traveling Domestically with DACA
Can I Travel Within the United States with DACA?
Yes, DACA recipients can travel within the United States. You are not restricted from domestic travel, and you do not need any special documentation beyond a valid, government-issued photo ID.
What Documents Do I Need for Domestic Travel as a DACA Recipient?
For domestic travel, you typically need a valid, government-issued photo ID. This could be a driver’s license, state-issued ID card, or an Employment Authorization Document (EAD). TSA (Transportation Security Administration) accepts these documents for travel within the United States.
Can I Use My DACA Approval Notice to Fly Domestically?
While a DACA approval notice confirms your DACA status, it is not a substitute for a valid photo ID. It’s best to use a driver’s license, state-issued ID card, or EAD for travel.
Are There Any States Where DACA Recipients Might Face Issues While Traveling?
While DACA is a federal policy, some states have stricter laws or policies regarding undocumented immigrants. However, as long as you have a valid photo ID, you should not face issues. It is always wise to stay informed about local laws and policies.
What Should I Do If I Encounter Problems While Traveling Domestically?
If you encounter any issues, remain calm and polite. Clearly explain your DACA status and present your valid photo ID. If necessary, ask to speak with a supervisor or contact an immigration attorney for assistance. According to the Immigrant Legal Resource Center (ILRC), knowing your rights and remaining calm can help resolve many travel-related issues.
3. International Travel with DACA: Advance Parole
What is Advance Parole and Why Do DACA Recipients Need It?
Advance Parole is a document that allows DACA recipients to travel outside the United States and return legally. Since DACA does not grant lawful immigration status, traveling internationally without Advance Parole can have serious consequences, potentially leading to denial of reentry into the U.S.
Am I Allowed to Travel Outside the United States Before Submitting an Initial DACA Request?
No, any unauthorized travel outside of the United States on or after August 15, 2012, will interrupt your continuous residence, making you ineligible for deferred action under 8 CFR 236.21-236.25.
How Do I Apply for Advance Parole as a DACA Recipient?
To apply for Advance Parole, you must file Form I-131, Application for Travel Document, with USCIS. You will need to provide evidence justifying your need to travel, such as for humanitarian, educational, or employment purposes.
What Reasons Are Considered Justifiable for International Travel with Advance Parole?
USCIS generally issues Advance Parole for:
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Humanitarian Purposes: Including medical treatment, attending funeral services for a family member, or visiting an ailing relative.
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Educational Purposes: Such as semester abroad programs and academic research.
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Employment Purposes: Including overseas assignments, interviews, conferences, training, consular appointments for an employer-sponsored nonimmigrant visa, or meetings with clients overseas.
Is Travel for Vacation a Valid Reason to Obtain Advance Parole?
No, travel for vacation is not considered a valid basis for Advance Parole.
When Can I Apply for Advance Parole?
You cannot apply for Advance Parole until your DACA request has been approved. If you are submitting a DACA renewal request, you may apply for Advance Parole at the same time, but each request must be sent to its appropriate filing address.
What Happens If I Leave the United States Without Advance Parole?
Leaving the United States without Advance Parole can result in the termination of your DACA status. You run a significant risk of being unable to reenter the U.S.
What Documents Do I Need to Apply for Advance Parole?
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Completed Form I-131, Application for Travel Document.
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Evidence to support your reason for travel (e.g., medical records, letters from educational institutions, employment verification).
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Copy of your DACA approval notice.
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Passport-style photos.
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Filing fee.
Where Do I File My Advance Parole Application?
The filing address for Form I-131 can be found on the USCIS website under “Direct Filing Addresses for Form I-131” for Deferred Action for Childhood Arrivals (DACA). Make sure to send your application to the correct address to avoid delays or denial.
Can I Expedite the Processing of My Advance Parole Application?
USCIS considers expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within the sole discretion of USCIS.
What If I Am Experiencing an Urgent Situation and Have Not Filed My Form I-131 Advance Parole Application?
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.
What Should I Bring to My Emergency Advance Parole Appointment?
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A completed and signed Form I-131.
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The correct Form I-131 filing fee.
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Evidence to support the emergency request (e.g., medical documentation, death certificate).
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Two passport-style photos.
How Long Is Advance Parole Valid For?
Advance Parole is typically granted for a specific period, so it’s essential to check the validity dates on your document before traveling. According to USCIS, the parole period may be for only one day to facilitate reentry into the United States.
Will Receiving Advance Parole Lead to a Green Card or Citizenship?
No, Advance Parole does not provide a path to permanent resident status (Green Card) or citizenship. It simply allows you to travel and return to the U.S. legally while maintaining your DACA status.
Is There Anything Else I Should Be Aware of Regarding Advance Parole?
If you have been ordered deported or removed, consult with an immigration attorney before applying for Advance Parole. Departing the U.S. after being ordered deported or removed could have serious future immigration consequences.
4. The Impact of Court Decisions on DACA and Travel
How Do Court Decisions Affect DACA Recipients’ Ability to Travel?
Court decisions regarding DACA can create uncertainty and impact the ability of DACA recipients to travel, particularly international travel. It’s essential to stay informed about the latest rulings and how they affect Advance Parole.
What Was the September 13, 2023, Decision by the U.S. District Court for the Southern District of Texas?
On September 13, 2023, the U.S. District Court for the Southern District of Texas found the DACA Final Rule unlawful and expanded the original July 16, 2021, injunction to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.”
What Does This Ruling Mean for Current DACA Recipients?
Current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. USCIS continues to accept and process DACA renewal requests and accompanying applications for employment authorization.
Is USCIS Still Accepting Initial DACA Requests?
Yes, USCIS continues to accept initial DACA requests but is not adjudicating them at this time, in accordance with the District Court’s order.
Where Can I Find Important Updates and Information Related to Court Rulings on DACA Policy?
Visit the DACA Litigation Information Page on the USCIS website for important updates and information related to court rulings on the DACA policy.
How Can I Stay Updated on the Legal Status of DACA?
Staying informed is crucial. Regularly check the USCIS website, consult with immigration attorneys, and follow reputable news sources to stay updated on any changes to DACA policy.
5. Traveling to Vietnam with DACA: What You Need to Know
Can DACA Recipients Travel to Vietnam?
Yes, DACA recipients can travel to Vietnam if they have Advance Parole. However, it’s essential to meet all entry requirements set by the Vietnamese government.
What Are the Entry Requirements for Vietnam?
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Visa: DACA recipients typically need a visa to enter Vietnam. You should apply for a visa well in advance of your travel dates.
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Passport: Your passport must be valid for at least six months beyond your intended stay in Vietnam.
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Advance Parole: Ensure your Advance Parole document is valid for the duration of your trip.
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Other Documents: Check with the Vietnamese embassy or consulate for any additional requirements, such as proof of onward travel or sufficient funds.
How Do I Apply for a Vietnamese Visa as a DACA Recipient?
You can apply for a Vietnamese visa through the Vietnamese embassy or consulate in the United States. The application process may require:
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A completed visa application form.
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Your passport.
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Passport-style photos.
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A copy of your Advance Parole document.
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Proof of your travel itinerary and accommodation.
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Payment of the visa fee.
Are There Any Specific Considerations for DACA Recipients When Applying for a Vietnamese Visa?
Yes, it’s important to include a copy of your DACA approval notice and Advance Parole document with your visa application. This helps demonstrate your legal status in the United States and your permission to reenter the country.
What Are Some Must-See Destinations in Vietnam?
Vietnam offers a wealth of cultural and natural attractions, including:
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Hanoi: The capital city, known for its historic Old Quarter, beautiful lakes, and delicious street food.
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Ha Long Bay: A stunning natural wonder with thousands of limestone karsts and islands rising from the emerald waters.
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Hoi An: A charming ancient town with well-preserved architecture, tailor shops, and lantern-lit streets.
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Ho Chi Minh City: A bustling metropolis with vibrant markets, historic landmarks, and a thriving culinary scene.
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Sapa: A mountainous region with breathtaking landscapes, terraced rice fields, and diverse ethnic cultures.
What Travel Services Does SIXT.VN Offer for Visitors to Vietnam?
SIXT.VN offers a range of services to make your trip to Vietnam seamless and enjoyable, including:
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Airport Transfers: Ensure a smooth arrival and departure with our reliable airport transfer services.
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Hotel Bookings: Choose from a wide selection of hotels to suit your budget and preferences.
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Tours and Activities: Discover the best of Vietnam with our curated tours and activities.
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Flight Bookings: Find the best flight deals to Vietnam with our easy-to-use booking platform.
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Travel Consultation: Get personalized travel advice and itinerary planning from our expert consultants.
How Can SIXT.VN Help Me Plan My Trip to Vietnam?
At SIXT.VN, we understand the unique challenges that DACA recipients may face when traveling internationally. Our team can provide:
- Expert Advice: Personalized advice on visa requirements and travel planning.
- Reliable Services: Ensure a smooth and stress-free travel experience with our trusted services.
- Dedicated Support: Dedicated support to address any concerns or issues that may arise during your trip.
What Happens If My DACA Status Expires While I Am in Vietnam?
It is critical to ensure that your DACA status and Advance Parole document remain valid for the duration of your trip. If your DACA status is set to expire while you are in Vietnam, you should apply for renewal well in advance to avoid any issues with reentry into the United States.
What Should I Do If I Encounter Issues While Trying to Reenter the United States?
If you encounter any issues when trying to reenter the United States, remain calm and present your valid Advance Parole document and DACA approval notice. If necessary, request to speak with a supervisor or contact an immigration attorney for assistance.
6. Understanding Criminal Convictions and DACA
If I Have a Conviction for a Felony Offense, Can I Be Granted DACA?
No, if you have been convicted of a felony offense, you will not be considered for DACA under 8 CFR 236.21-236.25.
What Offenses Qualify as a Felony?
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
What Offenses Constitute Disqualifying Misdemeanors for Purposes of DACA?
For purposes of DACA, a disqualifying misdemeanor is a misdemeanor that meets the following criteria:
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Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; or
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If not an offense listed above, is an offense for which you were sentenced to time in custody of more than 90 days.
What Offenses Constitute “Other Misdemeanors” at 8 CFR 236.22(b)(6)?
For purposes of 8 CFR 236.22(b)(6), an “other misdemeanor” is any misdemeanor that meets the following criteria:
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Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; and
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Is an offense for which the individual was sentenced to time in custody of 90 days or less.
Three or more convictions of “other misdemeanors” not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct are disqualifying for purposes of DACA.
Will USCIS Consider My Expunged Conviction or Juvenile Delinquency Adjudication as a Disqualifying Conviction for Purposes of DACA?
No, USCIS does not consider expunged convictions and juvenile delinquency adjudications disqualifying convictions for purposes of DACA. However, USCIS will assess these on a case-by-case basis to determine whether you present a national security or public safety concern.
7. Additional Considerations and Resources
Am I Required to Register With the Selective Service?
Most male persons residing in the United States, who are ages 18 through 25, are required to register with Selective Service. Visit the Selective Service System website for more information.
How Can I Tell If an Employer Is Discriminating Against Me Because I Am a DACA Recipient?
An employer may be engaging in discrimination if they:
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Refuse to hire you because of your DACA status.
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Treat you differently than other employees because of your DACA status.
Contact the Immigrant and Employee Rights Section (IER) at 1-800-255-7688 if you think your employer may be discriminating against you.
Where Can I Find Legal Assistance and Support?
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Immigrant Legal Resource Center (ILRC): Provides legal resources and assistance to immigrants and their families.
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National Immigration Law Center (NILC): Advocates for policies that protect and advance the rights of immigrants with low income.
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Local Non-Profit Organizations: Many local organizations offer free or low-cost legal services to DACA recipients.
Can USCIS Terminate My DACA Grant?
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 termination.
Does Deferred Action Provide a Path to Permanent Resident Status (a Green Card) or Citizenship?
No, deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only Congress, acting through its legislative authority, can confer these rights.
Am I Required to Inform USCIS if I Move?
Yes, it is essential to keep your address updated with USCIS. You can change your address online or by submitting Form AR-11, Change of Address.
8. Frequently Asked Questions (FAQs) About DACA and Travel
Q1: Can I travel to Canada with DACA and Advance Parole?
Yes, you can travel to Canada with DACA and Advance Parole, but you will need to meet Canada’s entry requirements, which may include a visa.
Q2: How long does it take to get Advance Parole?
The processing time for Advance Parole can vary. It’s best to apply well in advance of your intended travel dates, typically several months ahead.
Q3: Can I renew my DACA while outside the United States?
No, you must be in the United States to renew your DACA status.
Q4: What happens if my Advance Parole expires while I am outside the United States?
If your Advance Parole expires while you are outside the United States, you may face difficulties reentering the country. It is essential to return before the expiration date.
Q5: Can I apply for Advance Parole if I have a criminal record?
Having a criminal record can affect your eligibility for Advance Parole. USCIS will review your case to determine whether you pose a threat to national security or public safety.
Q6: Is there a fee waiver for Advance Parole?
Fee waivers are not typically available for Advance Parole applications.
Q7: What should I do if my Advance Parole is lost or stolen?
If your Advance Parole is lost or stolen, you should report it to USCIS immediately and apply for a replacement document.
Q8: Can I work in another country while using Advance Parole?
Working in another country while using Advance Parole may violate the terms of your DACA status. Consult with an immigration attorney before engaging in any employment abroad.
Q9: What if I am denied Advance Parole?
If your Advance Parole is denied, you may not be able to travel outside the United States without risking your DACA status. You can consult with an immigration attorney to explore your options.
Q10: How soon before my DACA expires should I apply for renewal?
You should apply for DACA renewal between 120 and 150 days before your current DACA expires to minimize the risk of your status lapsing.
9. Conclusion: Your Journey with DACA and SIXT.VN
Traveling with DACA requires careful planning and awareness of current immigration policies. At SIXT.VN, we are committed to providing you with the information and services you need to travel confidently and safely. Whether you’re planning a domestic trip or an international adventure to Vietnam, we’re here to support 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 travel services and how we can help you make your travel dreams a reality.
Address: 260 Cau Giay, Hanoi, Vietnam
Hotline/Whatsapp: +84 986 244 358
Website: SIXT.VN
Let SIXT.VN be your trusted partner in navigating the world with DACA.
Remember:
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Stay informed about the latest DACA policies and court decisions.
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Always carry valid identification and documentation.
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Consult with an immigration attorney for personalized legal advice.
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Plan your travels carefully and allow ample time for processing applications.
With the right preparation and support, you can confidently explore the world and create unforgettable memories. Safe travels!
