Traveling with Advance Parole in 2024

USCIS continues to accept and adjudicate advance parole applications filed by DACA recipients.

*The September 13, 2o23 order from the Southern District of Texas and the ongoing DACA litigation has not stopped USCIS from issuing advance parole documents to DACA recipients. If that should change, USCIS will provide updated information.

Advance parole is a procedure by which certain noncitizens receive permission to reenter the U.S. after temporarily traveling abroad. This is a process that is part of the government’s broader authority to parole (or allow someone into the U.S.) based on its discretion.

U.S. Citizenship and Immigration Services (USCIS) issues an advance parole travel document to travelers before they depart the U.S. While these travelers may use this document to travel back to the U.S., entry to the U.S. is dependent upon the discretion of the Customs and Border Protection (CBP) officer at a port of entry.

U.S. Citizenship and Immigration Services (USCIS), which is an office within the Department of Homeland Security (DHS), adjudicates applications for advance parole.

Advance parole is an option for certain noncitizens within the U.S. This includes recipients of Deferred Action for Childhood Arrivals (DACA), recipients of Temporary Protected Status (TPS), T and U visa holders, and most applicants who have already applied for a green card. In this guide, we will discuss advance parole for DACA recipients.

1. When traveling on advance parole you must be within the dates of your current DACA authorization and have a valid, unexpired passport from your country of citizenship.
   • You cannot apply for advance parole if your DACA, employment authorization document (EAD), has expired and you have not submitted a renewal. If you apply for advance parole and your DACA expires while you are awaiting adjudication, you may supplement your advance parole application by mailing USCIS a copy of your new DACA approval notice. USCIS may also issue a Request For Evidence (RFE) to show that your DACA has been renewed.
   • You may also need a visa if you are traveling to a country that requires you, as a citizen of your country of origin, to have a visa to enter.
2. You must have a qualifying reason to travel abroad.
   • USCIS instructions for the advance parole application state that DACA recipients can only travel abroad for education, employment, or humanitarian purposes.
     • Education purposes include, but are not limited to
       • Study abroad programs or academic research
     • Employment purposes include, but are not limited to
       • Overseas assignments, conferences, interviews, trainings, or client meetings
     • Humanitarian purposes include, but are not limited to
       Seeking medical treatment, visiting an ailing relative, or attending funeral services for a family member.
   • Please note that this USCIS guidance is not an exhaustive list of examples. For example, an educational purpose may be a program through a private educational program or a non-profit organization. A humanitarian purpose might be a religious or other humanitarian mission. If the purpose for which you are seeking to travel is not listed, we suggest that you consult with a legal service provider. They can help you understand if your travel fits within a valid purpose.
3. Consult with a legal service provider before applying for advance parole.
   • Before you apply for advance parole, you should consider consulting with a legal service provider to determine risk and eligibility based on your legal situation.
   • It is especially important to discuss with a legal service provider if any of the following apply:
     • Prior case in immigration court, whether or not you actually went to court or the case resulted in a removal order
     • Contact with the criminal legal system (arrests, charges, or convictions), even if it did not make you ineligible for DACA
     • Multiple prior entries to the U.S. without permission to re-enter
     • Immigration-related fraud or misrepresentation to the government

Step #1 Check Eligibility

It is crucial that you check if you are eligible for advance parole. Things such as removal orders, unlawful presence, and other factors may make it difficult to come back to the United States after traveling with advance parole. Check with a lawyer if you are eligible and read the following section before applying for advance parole.

There are various ways to get information about your immigration history.

1. Check the automated case information system for the immigration courts). You can call 1-800-898-7180 or check this website . You’ll need to enter your “A number,” which is the eight- or nine-digit number on your work permit that appears under the words “USCIS #.” If calling, follow the prompts and ask for “decision information.”
   • This is the easiest way and best way for most people to find out whether they have a removal order.
   • Please note that this system may not capture all information! A person’s information may simply not appear in this automated system. Others may have been assigned two different A numbers, depending on their immigration history. Make sure you check all your (and your family’s) immigration documents to see if you have more than one A#. Confirm that the A# associated with your DACA is the same one on any other immigration forms.
2. File a Freedom of Information Act ( FOIA ) request and ask for a copy of your “entire A file.” There are several different immigration agencies that may have your records: the immigration courts are within the Executive Office for Immigration Review ( EOIR ); USCIS will have records of any applications that you have filed; and ICE and CBP may have records of any contact you have had with these agencies. Please note that each agency has different processing times for FOIA requests and it may take several months to look at your request and produce records.
3. File a request for an FBI background check.
4. Ask the people who brought you to the United States and/or your guardians growing up whether you were ever stopped by an immigration official, had any immigration court dates, or were in removal proceedings. If they are unsure, try the steps suggested above.

If you have a removal order and travel outside the country, you will execute that removal order. This will trigger negative immigration consequences, like being barred from re-entering the United States.

Step #2 Apply for Advance Parole

1. Write a cover letter: Explaining the purpose of travel and summarizing the documents included in your application (see example)
2. Fill out the advance parole application:USCIS Form I-131 (Read the instructions carefully!) Currently, you must file a paper application and cannot apply for advance parole through the myUSCIS portal. Here are instructions on how to fill out the application. The instructions are general and not legal advice.
3. Write a statement explaining purpose of travel
4. Gather evidence supporting purpose of travel (see chart below)
5. A copy of your most recent DACA Approval Notice (USCIS Form I-797)
6. A copy of your Employment Authorization Document
7. Two passport-sized photos
8. Application Fee (currently $630) personal check, cashier’s check or money order payable to the “U.S. Department of Homeland Security”. For the latest USCIS fees, visit their website.

The following chart suggests some forms of evidence that can help applicants with DACA demonstrate their valid purpose for traveling abroad on advance parole. For additional help in determining what sorts of documents to provide as evidence supporting your reason to travel, see the “General Requirements” portion of the USCIS instructions, on Page 8 at 1.c.(5).

Make two copies of your entire application. Keep a set with you and leave one with your attorney or family member. It is a good idea to travel with a copy of your application to show your purpose of travel when re-entering and ENSURE you travel with the original copy of your advance parole approval form I-512l.

You can submit your complete Form I-131 and supporting documents to USCIS by mail. You can find out the specific direct filing address to use by visiting the USCIS website and clicking on the “Consideration of Deferred Action for Childhood Arrivals” subheading.

If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office. Please see our guide on emergency advance parole.

If you are not traveling for emergency reasons, it is recommended that you submit your application more than six months before your desired date of travel. Processing times are unpredictable and vary.

Yes, you can include multiple reasons for which you need to travel.

Is visiting a family member's grave a valid reason to request advance parole? Is it ever too late to visit?

Yes, this falls under a humanitarian purpose for traveling. Many people who did not have the opportunity to attend their family members’ funerals would like to visit their graves. This reason is not time-limited or limited to immediate family members; however, it is important to describe why this visit falls under a humanitarian purpose.

If the relative is more distant, you should describe why this relationship was so important (e.g. an aunt who raised you when you were a child). If their death was a long time ago, explain why you were unable to attend until now (e.g. you were a child, you didn’t have DACA, COVID made travel unsafe, etc.).

Yes! DACA recipients can request to travel abroad for medical reasons, which falls under the humanitarian travel purpose.

If the DACA recipient needs to travel abroad for their own medical reason, they should submit documentation from their doctor or dentist with their diagnosis, the treatment required, and how long it will take. They should also provide evidence, such as their own statement, on why they can’t obtain the specific medical treatment in the U.S., such as lack of health insurance or unaffordability.

If this is an urgent situation and you need advance parole immediately, see this guide.

Yes, DACA recipients may travel abroad to care for a relative who is undergoing a medical procedure. In this scenario, they should provide a letter from the relative’s doctor explaining when the procedure will take place and whether a caregiver is required. The DACA recipient should explain in their statement why they need to be a caregiver in this situation.

If this is an urgent situation and you need advance parole immediately, see this guide.

No. DACA recipients can only travel for educational, employment, and humanitarian purposes.

The Form I-131 instructions (see pp. 10-11) lists what documents an advance parole applicant should attach to their application and provides some suggestions of acceptable evidence. For the specific purpose of traveling (educational, employment, or humanitarian), it really depends on the reason!

It helps to think through the “who, what, when, where, and why” of your travel plans. Do you have evidence to answer each of those questions? It is especially important to include the time frame for the travel and why you need that period of time.

EMERGENCY Advance Parole as a DACA recipient

Risks of Traveling Abroad

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.

Step #3 Preparing to Travel

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.

Step #4 Re-Entering the U.S. on Advance Parole

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 theCBP Prohibited and Restricted Itemslist.
  • 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.
  What questions will they ask me upon re-entry?

  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.

  What documentation will they give me?

  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.

  How do I ease my re-entering anxiety?

  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.

  Can Customs and Border Protection (CBP) search my electronic devices?

  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.

  Can I post photos of non-related travel on social media?

  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.”

  Checking in to Your Flight

  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.

  What happens if I have to travel through a U.S. Preclearance Facility?

  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.