Deferred Action: Leaving the Country

Hi Angy,
I have been reading up on this new thing Obama passed and I can’t seem to find anything that says would we be able to travel do you know if we can travel after getting Deferred Action?
Nate

Hi Nate,

Thank you so much for your E-mail and trusting this random cyber stranger. This is a really good question and I will try my best to answer it. Please remember that I am NOT AN ATTORNEY and the things that I say here are not legal advice; please speak with one about all these types of things.

When it comes to traveling outside of the country after being granted Deferred Action for Childhood Arrivals (DACA), USCIS has said that one must apply for advance parole using Form I-131. This form may be updated or altered for those with DACA. However, not everyone will be granted advance parole; it is usually given to someone who is travelling for humanitarian purposes, educational purposes, or employment purposes.

Again, advance parole requests will be looked at on a case-by-case basis and many will be denied. If you are denied, you won’t get a refund. Like DACA, this is a chance we take when applying for anything which is why we must work with a lawyer to not only make sure that everything is okay but that you indeed will be able to leave the country and come back. Those in removal proceedings probably shouldn’t apply; according to USCIS, a departure from the country will have them labeled as ‘deported’ or ‘removed’ and that can affect future immigration applications. Also, I don’t know how dangerous it can be for those over the age of 18 to apply for advance parole since they have accrued unlawful presence which can result in being barred from re-entering.

Nate, please remember that this is all too new and as of now, no one I know has left the country after being granted Deferred Action for Childhood Arrivals. I suggest waiting until USCIS comes out with clear guidelines on this and we make sure that leaving the country is something safe. Wouldn’t want for anyone to leave the country and have trouble coming back.

Keep an eye out for updates from USCIS by checking their FAQ sections or getting email updates from us by signing up here using your email.

Also, just wanted to mention that Deferred Action is not something Obama passed. It is not a law, it’s a policy change made by the Department of Homeland Security and Obama simply announced it on TV. If it was issued by the president it would be an executive order.

Take care Nate and I hope this was somewhat helpful.

Created on Oct 21, 2010. Ask Angy is the first undocumented youth advice column. It was born in the New York State Youth Leadership Council because there was no space to ask questions or seek advice. This blog is a space for youth to email their concerns, questions, stories or simply ask for help without being judged. Email them to Angy at Angy@nysylc.org or fill out this form.

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