DACA Advance Parole

DACA Advance Parole is an administrative procedure that allows a person inside the United States, who seeks to travel abroad, to receive advance authorization to re-enter the United States upon their return.

DACA Advance Parole Requirements

Individuals that have already received deferred action under DACA may request permission to temporarily travel outside of the United States through advance parole.

USCIS will currently only grant advance parole to DACA recipients if the travel abroad is in furtherance of one of the following categories:

Humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;
Educational purposes, such as semester-abroad programs and academic research; or
Employment purposes such as overseas assignments, interviews, conferences, training, or meetings with clients overseas.

Travel for purely vacation purposes is not a valid basis for advance parole for DACA recipients.

Applying for DACA Advance Parole

UC Berkeley students who are interested in applying for DACA Advance Parole, we recommend scheduling an appointment at least 13 – 16 months prior to your expected travel date on our online appointment system. If you cannot make one of these appointment times, or if you are unable to make any of the available appointment times, and/or if you have an urgent matter, please make an appointment using the online system anyway and then also contact the USP legal team at usplegal@ebclc.org. Please allow at least 3 business days for staff to get back to you. Feel free to reach out with any questions.

We acknowledge that this may be difficult and even frustrating for students to have to make plans so far in advance. This is our recommendation based on the posted processing times and our real-time experience with these applications. We believe that following these timeframes will help our clients be as successful as possible in their legal cases.

If you need an Advance Parole document to travel for an urgent reason, like a family member abroad who is seriously ill or to attend a funeral, please schedule an appointment ASAP so that we can review your options.

Requirements to Request DACA Advance Parole

Have a valid passport from your home country.
In evaluating the advance parole application, USCIS will look at the evidence submitted by the applicant to support their reason for travel outside the United States. Any supporting documents submitted in a language other than English must be accompanied by a full, certified English translation. The instructions to Form I-131 and the Standard Operating Procedure for DACA list some examples of appropriate evidence for requesting advance parole under each of the three categories.
Evidence to support an advance parole application for humanitarian purposes should show “emergent, compelling or sympathetic circumstances,” and might include:
- Documentation of a family member’s serious illness or death, such as a letter from a hospital or treating physician explaining the family member’s illness or a death certificate of a deceased relative, or
- A letter from the applicant’s physician explaining the nature of the applicant’s medical condition, the specific medical treatment sought outside of the United States, and a brief explanation of why travel outside of the United States is medically necessary. *Note: If the reason for traveling is connected to a family member, it is generally advisable to also include evidence proving the family relationship between the DACA recipient and the person they are visiting.
Evidence to support an advance parole application for educational purposes may include:
- A letter from the applicant’s educational institution or from an employee of the institution acting in their official capacity explaining why the travel is required or beneficial; and
- A document showing enrollment in a specific program or class requiring travel.
Evidence to support an advance parole application for employment purposes must show that the travel relates to “fulfilling job requirements,” and may include:
- A letter from the applicant’s employer describing the need for travel; or
- A document showing a specific employment need, such as a conference program that also shows the applicant’s participation

Risks and Potential Benefits of Advance Parole

Risks:

Potential path to permanent residency (i.e., green card) via Advance Parole:

Even with advance parole, there is no guarantee that a DACA recipient will be allowed to re-enter the U.S. after traveling, as U.S. Customs and Border Protection (CBP) officers have discretion to deny entry. Speak to your legal representative before you decide to apply and travel outside of the U.S. It is important that any travel with advance parole is consistent with the dates and purpose stated in the approved application.
Before applying for advance parole, be sure to talk to your legal representative about the following:
- your history of entries into the U.S., particularly if you exited and re-entered the U.S.;
- any interaction with the police;
- any documents you received that indicated you need to go to immigration court;
- any time you went to immigration court;
- any other issues that you think may affect your immigration status

Advance parole can be very helpful for a DACA recipient who has (or may have in the future) a family member that is:
- a U.S. citizen spouse,
- a U.S. citizen parent (if you are under 21 and unmarried),
- or a U.S. citizen child at least 21 years old
If you have one of the types of family members listed above, called “immediate relatives” in immigration practice, you could be eligible to apply for permanent residency. That is because people who came to the U.S. without permission are considered “inadmissible,” which can make it difficult or impossible for the permanent residency application to be successful. However, traveling outside of the U.S. and re-entering with advance parole overcomes the inadmissibility problem, because an entry into the U.S. with advance parole is an entry with permission. There are more factors to consider so talk to your attorney about this option.

Information provided by East Bay Community Law Center, usplegal@ebclc.org.

Last updated 06/07/2023.