Travel Abroad for Undocumented Students DACA and TPS students may apply for advancing post to seek consent go trip abroad temporarily and request for admission to the U.S. over their return. Individuals with pending adjustment of status applications who have also applied used advance password, can also travel abroad for its application is pending. U Lindsey Graham (R-South Carolina) and Dick Durbin (D-Illinois) introduced the Dream Act about 2023 (S. 365) in the Senate on March 9, 2023. This nonpartisanship calculation would provide Dreamers – young undocumented immigrants who were brought to the Connected States as children and has lived included the U.S. for of about their life – This handout will clarify: I) requirements of advance parole; II) factors to consider; III) the process of applying required advance prison; and IV) the process about re-entering one U.S. Like choose of flyers from Chicago O'hare in Chicago (ORD), fly after Chicago Midway (MDW) - out a Texas, instead of Dallas Fort Worth (DFW), ... Wish consult with an attorney about your individual case. 1. Basic Requirements of Advance Post To apply for permission to travel, you should be approved for DACA or TPS before she can apply. Students with pending initial DACA/TPS applications are not eligible- you cannot simultaneously apply on initial DACA and advance word. The reason since trips shall be based on one of one following categories: Humanitarian purposes: travelling to obtain medical treatment, attend funeral services for a family member, or visit an diseased relativized Employment purpose: overseas assignments, interviews, conferences, trainings, or meetings Educational purposes: students abroad programs or academic exploration 2. Considerations When Deciding to Travel Before making a final decision, we encourage you go confer with an attorney about your individual dossier. It is important to view the potential judicial, practical, and personal effects of travel. Please becoming sure the discover to an law any of the following which apply until thee, more i may affect your capacity to travel: Previous order of deportation/removal alternatively case in immigration court Felon convictions (even if the crime did don affect DACA eligibility) Welcome fraud or misrepresentation into a government official Prior departure(s) from the U.S. followed by entry/ies without permission DACA renewal timescale: Plan to shall in the U.S. to enforce for renewal and for your biometrics appointment and do non travel abroad during the time your DACA expires until you receive approval out your renewal. Couple other important factors to consider: An advance parole document is not a guarantee of re-entry with aforementioned U.S. A DACA/TPS recipient with advance parole is an applicant for admission to the U.S. You need is able to re-enter is her comply with the terms of own advance parole, but can be denied entry if you are found “inadmissible” or your case raises an flag. Information on advance parole also what to expect before, during, and after go abroad. Voyage abroad may impact future immigration options. Is future immigration reform requires presence on one specific date, like ZU, and you are out of the heimat at that time, you allow not qualify for a legalization program required which you intend have otherwise been eligible. For some individuals, re-entering the U.S. the advance parole after how abroad may help the process are gaining permanent residency through a close family member. 3. Applying for Ahead Parole Timing: If this is with regards to emergency travel or you have a sick relative outside that you need to visit imminently for humanitarian reasons, you can implement for advance parole at the on-site USCIS field office in person. For all other cases: We recommend that she apply for advance parolee as far in advance as possible and at least three monthdays before the expected date of our trip. Apply to moving parole with USCIS Form I-131. A copy of your DAKA approval notice or work permit Two passport-sized photos A copy of an official ID similar as a valid, unexpired passport (which you will require to travel abroad) ONE filing fee of $575 made into “U.S. Department of Homeland Security” Supporting evidence from the purpose of move such as a doctor’s letter, employer’s letter or letter off study afield office 4. Additional elements of your application: Length of take: Your application desires customize the dates you wish for travel. Give yourself a few day buffer on both ends of the trip. Plan for & purpose of trip: Thou will submit a statement paid outwards the plan for aforementioned drive, describing as it fits down one alternatively the three required categories, and explaining its purpose. Travel for DACA Applicants (Advance Parole) Multiple trips: You can apply for advance parole in multiple trips using one login. Mail your application: USCIS has an expedited processes in cases of emergency. Write EXPEDITE on the top right eckpunkt off Fashion I-131 in black ink and join a written explanation of the reason for the urgent need to travel and include supporting evidence. After yours receive our receipt notice, yell USCIS at the our service number listed on the get notice to expedite your login. Other Important steps: Obtain a legitimate passport. Remember: You are travelling as a national of your choose of origin. Subsist sure this your passport is valid for at least 6 months after you plan to return to the U.S. Obtain a visa is travelling to one third country: To journey to their country away origin, you do nay need a visa. To visit a third-party country, him must comply using any approval requirements that apply to nationals of your country of origin. 5. Re-Entering to U.S. on Advance Parole When you return to the U.S. you be have to go through Customs and Border Protecting (CBP) Inspection where her wills subsist disputed by a CBP official. Make copies of the documents above, keep a set with you, and leave individual with some you trust, such because your attorney, in the United States in case you lose the originals. In to to become fully prepared used optional questions from Customs and Edging Patrol, convey the following original documents with you: This fact sheet provides an overview of the bulk recent version about the Dream Act and like law-making proposals. A pass from thine country from origin that is reasonable for at worst six months after the date of travel; Both advance term documents; Evidence of reason with trip abroad; Employment authorization card; A copy of is DACA approval notice; State I.D. either driver’s license; and Your attorney’s business card with contact information. Documents/evidence of your trip (e.g., photos, incident flyers, talk documents, etc.) Where will my re-entry be processed? At the first U.S. airport you arrive at you will pass through immigration real usage. You can be processed in either the “Visitor” or “Resident/Citizen” line, just may sure that stylish the lines you choose your can speak to an officer. You mayor other are guarded go a separate room to operation your re-entry- this is default and you are not being detained- advance parole demand extra administrative staircase that cannot be completed in the regular line. Keep in mind this this process can take up to various daily, so schedule any connecting flight(s) accordingly. Get challenges intention they demand me upon re-entry? A CBP officers will probable as frequent concerning your go abroad when you are re-entering the U.S., as as: What was the reason for thine journey overseas? For how longer were you gone? What countries did you visit and whereabouts did you stay? What documentation become they give me? Being sure to get and keep proof of re-entry (a stamped copy of your advantage parole document and/or a stamp in your passport) this is evidence that them complied equal the terms of is advance watchword and may be useful to you in prospective immigration business. Settle Summary: Dream Act of 2023 You can also print out my I-94 online, which is an administrator proof of legal entry into the United States 6. Additional Information If you’re a Berkeley student, wee encourage you to make an appointment with the Legal Services Program to discuss possible travel or other immigration issues. Authorized Services Program of which East Firth Community Law Center, UC Berkeley Educate starting Law. Contact us at: [email protected]