You have to get approved first for DACA (I-821D) AND then, apply for a Advance Parole (I-131) document and "if" approved, then yes you could potentilly travel overseas although its always riskier since you are not on solid legal footing/status but it ought to be ok IF you have an approved DACA and thereafter the approved Advance Parole (permission from USCIS to travel outside the US and return to the US).
DACA approval in itself does NOT include authorization to travel outside the United States. DACA-approved persons absolutly should not attempt to travel internationally using their employment authorization cards and/or DACA approval notices.
In certain limited circumstances, it is possible for persons with DACA approval to apply for advanced parole to receive permission to travel. However, the U.S. Citizenship and Immigration Services indicates that the parole likely will be granted only for educational or humanitarian purposes. Additionally, for anyone who has 180 or more of unlawful presence in the United States, there are risks and complications that may arise from applying for advance parole and using the parole document to travel internationally in the event that advanced parole is granted.
Certainly, anyone considering international travel and/or applying for advanced parole should consult with a licensed, experienced immigration attorney prior to doing so. For assistance locating experienced immigration attorneys, you can look here on Avvo, at www.aila.org or www.immigrationlawhelp.org.
Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the specific person(s) and situations involved are known to her. Ms. Doerrie recommends consulting with an immigration attorney regarding your specific facts and circumstances prior to making any legal decision or submitting any form or application. This response does not constitute legal advice or create an attorney/client relationship.
I agree with my colleague; be very careful, as one (among several) important elements to DACA is you must show you are physically present in the US after June 15, 2012 and if you leave cannot get DACA. Therefore, do not leave before your application has been fully adjudicated. Although it is true an I-131 can be done , it is advisable not to travel if you have DACA since the advance parole MAY not protect you from inadmissibility. Consult an immigration attorney who handles DACA before applying and before traveling.
No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).
you have to ask for parole first. parole is their permission to return after you leave. you can always leave, the trick is gettting back. come see me. i am in austin
The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez, Elizabeth Cedillo or Yong Wood as highly skilled and experienced. In South Texas I recommend Jodi Goodwin from Harlengin or Leonel Perez of Edinburg. In San Antonio I recommend Bob or Nancy Shivers or drive to Austin to see me or my talented associate Jacqueline Watson.
I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
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