Travel Authorization and Advance Parole to or from the United States
If you need to travel outside the United States, but are not a U.S. citizen or Lawful Permanent Resident, you probably need to apply for permission to travel, to protect your right to return lawfully.
Types of Travel Authorizations
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If you have DACA and need to travel, there are several options available. Read more below.
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If you have TPS and wish to travel outside the United States, you must apply for travel authorization. Read more below.
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Individuals who are outside of the United States may be able to request parole into the United States based on urgent humanitarian or significant public benefit reasons. Read more below.
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Persons from Ukraine, Cuba, Haiti, Nicaragua, Venezuela, Colombia, Ecuador, Guatemala, Honduras, or El Salvador might qualify for temporary parole if they have a U.S. sponsor. Read more below.
DACA Advance Parole for Dreamers
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:
Study abroad or academic research
Visit elderly or sick relatives
Work trips
As of January 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.
TPS Travel Document
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 to skip the trip.
Call our law firm for a free consultation to discuss your options.
Humanitarian or Significant Public Benefit Parole
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:
Whether the circumstances are pressing;
The circumstances impact on the individual’s welfare and well-being; and
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 for a free consult.
Sponsorship to Travel
As of January 2024, the Biden administration is processing sponsorship requests for individuals from certain countries, including:
Ukraine
Cuba
Haiti
Nicaragua
Venezuela
Colombia
Ecuador
Guatemala
Honduras
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 free consultation to find out more.