Traveling with Advance Parole in 2024

The advance parole document authorizes parole, but the decision to parole (or allow someone to physically enter the U.S.) is up to the discretion of a CBP officer at a port of entry. That could be either at the border or an airport. Certain circumstances may heighten the risk of being denied entry. It is important to consider the risks and be prepared for any potential situations that may arise.

Risk Factors to Consider:

1. Traveling outside the parole date authorized by the advance parole document
2. Traveling when DACA authorization (reflected on the dates on your employment authorization document) has expired
3. Prior deportation or “voluntary departure” order
4. Multiple prior periods of unlawful presence in the U.S.
5. Contacts with the criminal system — whether they resulted in a conviction or not — that could lead to an “inadmissibility” finding

If any of these apply to you or you are not sure, always consult with an immigration attorney prior to traveling or applying for advance parole.

1. Eligibility for a green card through Adjustment of Status rather than consular processing: If a DACA recipient initially entered the U.S. without inspection, traveling abroad on advance parole may have a positive effect on future immigration applications. If such a person is applying for a green card, they would generally have to complete the application at a U.S. Consulate in their home country, a process known as consular processing. With an entry on Advance Parole, a DACA recipient would be able to complete the green card “adjustment of status” process in the U.S.
2. DACA Renewal: Trouble renewing DACA because you traveled outside of the advance parole dates or traveled with an expired DACA.
3. Permanent Bar: If a person was deemed inadmissible under the “permanent bar” they will be denied entry into the U.S. They might be able to apply for permission to re-enter the U.S. after being outside the country for 10 years.
4. Waiver for future Re-entry: If a person was deemed inadmissible due to contact with the criminal justice system, they might be denied entry into the U.S. They would need to be eligible for a waiver to legally re-enter in the future.
5. Hinge future residency on physical presence in the US: If there’s any legislation for pathway to citizenship that is contingent on someone’s physical presence in the U.S. on a specific date. (e.g. DACA, that requires an individual to prove that they were in the U.S. on June 15, 2012). If someone is not physically present on that date, there might be a small risk that they would not be eligible.

Preparing to leave the U.S. with advance parole is CRUCIAL! When you return to the United States, you will go through Customs and Border Protection (CBP) inspection where you will be questioned by a CBP officer. You MUST pack your original advance parole document along with other important documents. Otherwise, you may not be allowed back in the U.S. Carry your original:

• Current, valid passport from your country of origin
• Your original advance parole document (scan a copy of this before you travel for your records)
• Employment authorization card (EAD)
• State ID or driver’s license
• Student ID (if applicable)
• (If you have an attorney) Attorney’s Form G-28 and their business card with contact information

Also carry the original copies of the documents listed below, as well as a copy of your advance parole application. Ensure you are prepared for any questions from CBP and be aware of your rights.

• Your most recent DACA approval notice
• Your advance parole application in its entirety
• Evidence that you traveled abroad for your intended purpose (e.g. relevant medical documents, educational coursework, conference materials, etc.)

If you are traveling anywhere other than your country of origin, ensure you check the specific country requirements. You should check whether you’ll need a visa, what type, and how long it will take to process. We advise that you do this while your advance parole application is processing, as the consulate will take time and need your passport while processing a visa application.

Yes, your U.S. citizen child will need a passport to travel. You can make an appointment to get your child’s passport through the U.S. Postal Service website. Making your child’s passport may take several months.

As with all travel, there is a risk. In this case, if there are medical complications or the baby arrives early, there is a risk that you may not be able to re-enter the U.S. within the time frame that your advance parole document allows.

Returning to the United States by Air. If you enter through a United States airport, you will pass through U.S. Immigration and Customs. You will be processed in the “Visitor” line, rather than the line for U.S. citizens and residents. You can ask an officer at the airport if you are not sure in which line you wait. Upon speaking with a Customs and Border Protection officer at the booth, it is likely that your passport will be taken and another CBP officer will be called to escort you to a separate room for secondary screening. There, a CBP officer will ask you additional questions, may check your belongings (including electronics), and will finish processing your re-entry by putting an entry stamp in your passport.

Returning to the U.S. by Land.

• If you travel to the United States by land in a vehicle (such as by car over the U.S.-Canada border or U.S.-Mexico border) at a designated Port of Entry (POE), you will have to present your advance parole travel document and passport to a Customs and Border Protection (CBP) officer. If you are sent to secondary inspection, CBP may ask you to park your vehicle and step outside of the vehicle to wait while they further inspect your documents, belongings, and/or the vehicle.
• If you travel to the United States by foot at a POE, you will have to enter a processing facility to present your documents to a CBP officer. If you are placed in secondary inspection while traveling by foot, CBP may ask you to enter another designated room within the facility where you will present your advance parole travel document and supporting documentation to another officer.

What to consider before reentry:

• The United States admission process may take up to several hours. Be as prepared as possible:
  • Ensure you aren’t carrying any of the items on the CBP Prohibited and Restricted Items list.
  • Consider the destination of your returning flight based on previous DACA recipients’ experiences with CBP in certain airports. You will go through the inspection process at the first airport you land in the U.S.
  • If you have a connecting flight to your home city, be sure to give yourself ample additional time for any subsequent airline connections.
  • Make a list of all emergency contacts (hard copy, not on the phone). Try to have an immigration attorney or congressional staffer in your district as an emergency contact. Carry their business card(s) if possible.
  • Let a family member(s) know of your anticipated time of departure and arrival before traveling. You may not be allowed to use your cell phone until you clear inspection.
  • Use the restroom before inspection and keep water and snacks with you.

A CBP officer will ask questions about your trip abroad when you are re-entering the U.S., such as:

• What was the reason for your trip abroad?
• For how long were you gone?
• Did you purchase anything while you were abroad? If so, what did you purchase?
• What countries did you visit?
• Where did you stay?
• What documents do you have with you?
• What do you do in the U.S.? (e.g., work, school, etc.)

If you have any prior tickets or arrests (even those that didn’t result in convictions), CBP might question you about the circumstances of those incidents. CBP may also question you about your immigration history, including when and how you initially entered the U.S. If you have concerns about these lines of questioning, please consult with an immigration attorney prior to traveling.

After processing, the border official will hand you back your original forms of identification. They may stamp your advance parole travel document or your passport.

In many cases, the border official will keep the original advance parole travel document; the stamp in your passport will serve as proof of re-entry with parole.

You may also obtain your I-94 online through the CBP website. Keep copies of your advance parole document, entry stamp in your passport, and I-94 printout as they will be useful to you when renewing DACA and in future immigration processes.

Anxiety about traveling and re-entering is very real! The best thing you can do is prepare for what to expect by reading about the process, speaking with other DACA recipients who have traveled on advance parole, and arranging support.

This may mean discussing a plan ahead of time with your attorney, if you have one, and carrying their form G-28 with you when you travel. You can also contact your Congressional representative to explain your situation and ask for a contact at their office in case you run into problems at the border.

Yes, this is a very real possibility, although it is still a contested area of law. Immigration officials at the border have a lot of power to search your belongings, including your electronic devices.

Because the decision to parole someone into the U.S. is discretionary, it is risky for a DACA recipient to refuse to hand over their phone or argue with an immigration official. It is best for travelers to anticipate that their phone may be searched and to prepare ahead of time to keep their information private.

Always be thoughtful with what information you make public. The guidelines for DACA recipients applying for advance parole list the three valid purposes for traveling (educational, employment, and humanitarian) and then state “travel for vacation is not a valid purpose.”

When you fly back to the United States, it is most likely the airline will have you complete check-in in person and not online.

When you go up to the counter the airline attendants may ask to see your U.S. visa or green card, this is when you let them know you are traveling with advance parole. They may ask to see your document. Make sure the airline doesn’t keep your original advance parole document, you will need to show CBP upon re-entering the United States.

Some airlines are not aware of what advance parole is so it may take some time for them to validate this. Ensure you go to the airport with enough time in case it takes long for them to check.

Passport Control Outside the U.S.
If you have a connecting flight outside the U.S. you may go through “Passport Control.” Once again, they may ask for your U.S. visa or green card. Let them know that you reside in the U.S. and are traveling with advance parole, a special document issued by the U.S. government that allows you to re-enter the U.S. Depending on the agent they may ask to see the advance parole document. Ensure you have enough time to complete this so that you don’t miss your connecting flight. Make sure they don’t keep your original advance parole document, you will need to show CBP upon re-entering the United States.

U.S. Preclearance Facilities are in 15 airports outside the United States (in Canada, Caribbean, Ireland and the United Arab Emirates). Located in foreign airports, CBP officers have travelers go through the custom and inspections process prior to boarding their U.S.-bound flights. If you are flying back through one of these airports, we suggest you arrive and check-in early. CBP officers, even those working in a foreign country, should be aware of parole and familiar with the advance parole travel document. If they are not, we suggest you have the DACA USCIS page and Advance Parole page printed in case you need to explain your travel document to them.

No. At this time, DACA recipients must mail in their advance parole applications.

If you are getting a document translated it must be accompanied by a certificate of translation. Although advance parole applications are not filed before the immigration court, their template can be used for filings with USCIS. See the template here. Any person who is fluent in another language and English and can translate between the two languages can translate your document and sign the certificate.

No. USCIS does not refund fees, regardless of any action they take on your application.

Any time a DACA recipient changes their residence, they should complete a Form AR-11. This is especially important if the DACA recipient is requesting emergency advance parole in-person at a USCIS field office. If a previous address outside the field office’s jurisdiction is on file, the field officers may want to see that an AR-11 was filed.

If you lost the Form I-512L advance parole document, then you will have to refile the application with the fee. You can note that an advance parole document was previously issued but lost. Same goes for any mistakes in names or dates that were present on your I-131 application; however, if USCIS is responsible for the typo or erroneous dates, you do not have to pay the filing fee.

You can also use USCIS’s online tools to put in a service request if the document was lost in the mail. If you can show a USCIS error (e.g. they mailed the advance parole document to a different address than the one you put on the I-131 form), this may be helpful. However, USCIS may not respond to this service request for several weeks.

If you are close to your intended travel date and there is an emergency, you may request an InfoPass appointment at your local USCIS field office. For more information see this guide.

Everyone’s case is different and everyone assumes different risks. If you are scheduling an appointment with an attorney, ask them if they regularly apply for advance parole for DACA recipients. For more tips on how to find a good immigration lawyer, see this guide.

You must respond to USCIS’s Request for Evidence (RFE) by the stated deadline. Failure to do so will result in a denial of your application. USCIS may send an RFE if your intended date of travel has passed. If you are flexible with your plans, you may request new dates and offer updated evidence (e.g. flexible study abroad program, ongoing health needs of relative abroad, etc.).

A scenario question would best answer this. Keep in mind that you should NOT travel on advance parole if your DACA renewal is expired. You will most likely not be let back inside the United States if you travel internationally with advance parole and your DACA is expired.

Let’s say it is April 2024 and Sara plans to study abroad in September 2024. Sara’s DACA expires in July 2024 and she already submitted her DACA renewal application two months ago. Sara worries that if she waits until her DACA application is adjudicated, it will be too late for her to apply for advance parole. What should Sara do?

Sara should apply for advance parole as soon as possible (keeping in mind the 4.5-month processing time currently listed on the USCIS website). She can attach proof of her current DACA authorization, the receipt notice to show that her renewal is in process, and note in the advance parole cover letter that she will supplement her application with proof of her renewed DACA authorization once she receives it.

When filing a DACA renewal, you must respond to the questions that ask about travel. You should attach copies of your advance parole document, entry stamp in your passport, and a printout of your Form I-94 that you can obtain online.

If a DACA recipient entered without inspection by an immigration official, they are not able to apply for a green card in the U.S. (the “adjustment of status” process) and will have to travel to their home country to have an interview at a U.S. consulate there (“consular processing”).

If a DACA recipient travels on advance parole and is paroled back into the country, they may then go through the adjustment of status process in the U.S. and obtain their green card without leaving the U.S.

Make sure to speak to an attorney about your specific case and if advance parole is the best option for you. See this guide for help on where to find a lawyer.