Many types of immigration status do not give you the right to travel outside the United States and return to the same status. For example, if you have DACA or TPS, you are not automatically authorized to leave the country and return. To preserve your rights, including the ability to come back after a brief trip abroad, you need advance permission.

Your eligibility to travel will depend on your immigration status. Generally, there are four main categories for travel authorization and advance parole:

1. DACA Advance Parole

2. TPS Travel Documents

3. Humanitarian or Significant Public Benefit Parole

4. Travel Sponsorship

Dreamers can apply for permission to travel outside the United States. If approved, applicants can leave the U.S. for a short period of time, for a specific purpose, to a specific country or countries.

USCIS lists “humanitarian, education, or employment” purposes as qualifying reasons for travel. Some potential options include:

1. Study abroad or academic research

2. Visit elderly or sick relatives

3. Work trips

As of May 2024, the typical process takes 6-12 months for an approval. Upon approval, the applicant will receive a permit to travel during set dates and must arrange travel to and from the destination countries within that timeframe.

A significant benefit of traveling under DACA Advance Parole is that it can pave the way for a future green card (e.g. through marriage to a U.S. citizen) rather than consular processing.

Some applicants who technically qualify might not want to travel for a variety of reasons, including criminal history, so please call our law firm to setup a free consultation to discuss your options.

If you currently have Temporary Protected Status (TPS), you likely qualify for travel authorization to temporarily leave the United States and return lawfully.

USCIS exercises broad discretion in granting TPS Travel Documents, but applicants must first obtain approval to travel before leaving the U.S.

The application process can be complicated, and, even if granted approval to travel, it is best to consult with an immigration attorney prior to applying, because some applicants who otherwise qualify might be better advised not to travel.

Persons outside the United States might be able to apply for parole into the U.S. based on urgent humanitarian or significant public benefit reasons.

There is not an official definition of “urgent humanitarian reasons,” so DHS reviews the entire circumstances, including:

1. Whether the circumstances are pressing;

2. The circumstances impact on the individual’s welfare and well-being; and

3. The degree of suffering that may result if parole is not authorized.

Likewise, there is not an official definition of “significant public benefit,” but DHS will consider law enforcement and national security reasons or foreign or domestic policy considerations, along with the entirety of the circumstances.

If you believe that you or a relative have urgent humanitarian or public benefit needs to travel, please contact us.

As of January 2024, the Biden administration is processing sponsorship requests for individuals from certain countries, including:

1. Ukraine

2. Cuba

3. Haiti

4. Nicaragua

5. Venezuela

6. Colombia

7. Ecuador

8. Guatemala

9. Honduras

10. El Salvador

There are sometimes overlapping Processes for Cubans, Haitians, Nicaraguans, and Venezuelans and the Family Reunification Parole Process, as well as Uniting for Ukraine. Contact our law firm to setup a consultation to find out more.