Can I travel inside US if my deferred action app is approved?

Asked almost 2 years ago - Chicago, IL

I would like to go to Florida for vacation. If airport security would detain me will deferred action protect me?

Attorney answers (3)

  1. Daniel Warren Thomann

    Contributor Level 15

    5

    Lawyers agree

    Answered . IF your application is approved, you would be able to travel domestically without the hassles and risks currently faced by undocumented travelers - but this does not mean that you would not face detention in the event of any criminal or other issues that could arise (and that could result in your losing DACA benefits). As far as difficulties caused by lack of immigration status alone, deferred action would fix that.

    If you need to travel prior to approval it may be a good idea to bring proof of filing a DACA application (ie. receipt notice from USCIS). While receipt of an application does not grant you any benefit, the officer deciding whether to detain you may consider a pending application in making that decision. If you are undocumented, it is always best to consult an attorney directly before any travel. Good luck!

    www.thomannlaw.com - 312.750.1368 - The information above is general in nature and is not intended to create an... more
  2. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . It depends on the reason for detention by airport security. Deferred action delays or postpones any removal action as an exercise of prosecutorial discretion. Not all qualify for deferred action, especially when national security or public safety is cmpromised or the applicant has any arrests or conviction for felony or significant misdemeanor. It is always bets to seek a private consultation with a candid and competent lawyer.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more
  3. Robert West

    Contributor Level 20

    Answered . Generally, the answer is yes.

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