Can a DACA Recipient Travel Abroad to Attend the Olympics?
Olympian Luis Grijalva almost had his Olympic dreams dashed due to his U.S. immigration status. Like over 800,000 others, Grijalva was a beneficiary of the Deferred Action for Childhood Arrivals (DACA) executive order, which protects unauthorized immigrants who were brought to the US as a child from deportation. Had Grijalva left the U.S. without a special travel document called “Advance Parole” from the United States Citizenship and Immigration Services Office (USCIS), he would be considered “self-deporting” and would not be allowed back. Luckily, Luis was able to get Advance Parole and travel to the Olympic games.
The problem with traveling overseas is not only an issue with Olympians. There are many reasons why a DACA recipient might have to leave the country, including to visit a sick relative or for a business conference, study-abroad program, or to seek medical treatment. Since advance parole is limited to several specific circumstances, it is a good idea to talk to an experienced immigration lawyer.
An applicant for Advance Parole must pay close attention to each step. Since the process takes several months, you should always begin your application far in advance of when you need to travel. Here are the general steps for applying for Advance Parole.
Verify eligibility for Advance Parole
Eligibility for Advance Parole is very limited. DACA recipients can only get Advance Parole for educational, employment, or humanitarian purposes. Other reasons for travel will not get you Advance Parole.
Fill out Form I-131 with supporting documentation
This form must state your reason for traveling, the date you plan to leave, and the date you plan to return. The supporting document you must include with your I-131 includes 1) a copy of an official photo identity document like a passport or driver's license; 2) two identical passport-style photographs; 3) a copy of any document showing your DACA approval or current status; and 4) a clear explanation of why you are eligible for Advance Parole.
Assemble your application packet and pay the filing fee
You have to pay a $575 filing fee, which you can pay by check or money order. To pay by credit card, you must file Form G-1450, the “Authorization for Credit Card Transactions” form.
Mail your application packet to USCIS
If USCIS approves your application for Advance Parole, they will usually mail the permit within a few weeks, however, applications can take up to 6 months to be approved. This is why it is important that you submit your application as far in advance as possible. The process may be able to be expedited in case of an emergency (like a sick relative).
Since there are many other issues that can come up with traveling abroad and applying for Advance Parole as a DACA recipient, you should consult with an attorney. Contact the Xu Law Group today at 917-259-0858 for a consultation with one of our experienced immigration attorneys.