Deferred Action (DACA) recipients and Temporary Protected Status (TPS) holders should consult with immigration specialists before planning a trip outside the United States.
In order to travel abroad and be able to legally re-enter the United States, both DACA recipients and TPS holders require Advance Parole, otherwise they will not be able to re-enter the United States. There are several factors that can cause an immigrant to be considered inadmissible or even targeted for deportation, for example, if they have committed crimes. That is why they seek advice before traveling.
“Ahora hay menos probabilidades de que un extranjero sin papeles sea deportado, menos cosas los exponen. Pero sigue habiendo riesgos, por ejemplo, en estados gobernados por republicanos como Texas y Florida. O donde haya garitas de la Patrulla Fronteriza. Hay que planear bien un viaje, no hay que tomarlo a la ligera”, explicó el secretario de seguridad nacional, Alejandro Mayorkas.
Although Immigration and Customs Enforcement (ICE) priorities focus on aliens with serious criminal histories and who constitute a threat to national security, there may be cases of deportation that do not take priority criteria into account.
Although DACA and TPS protect against deportation, it is essential that immigrants covered by these programs process their Advance Parole to leave and re-enter the country and thus preserve their benefits.
“If you plan to go out for the holidays, you probably won't be able to due to delays in processing applications. But if they do so for an emergency and/or humanitarian reason, such as the illness of an immediate relative and they provide evidence of the case, USCIS may take less time to grant the permit”, explains Alex Gálvez, California immigration lawyer.
To process this travel permit, it is necessary that the immigrants do not have serious faults, since this could represent a great difficulty for the permit to be approved. The best thing an immigrant can do in these cases is to seek legal advice that allows them to resolve their doubts.
In the same way, having a pending procedure in the Citizenship and Immigration Service (USCIS), an appointment in immigration court, among others, can make it difficult to process an Advance Parole, and you can even receive a deportation order in absentia. .
To request a travel permit, it is necessary to have justifiable reasons to travel outside the country, in addition to filling out the I-131 form, other requirements are required. Learn more here: https://www.uscis.gov/es/i-131
