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Traveling on advance parole is a fantastic way to gain new experiences and widen
your horizons. Though speaking with immigration officers when returning from a trip
can be daunting, if you prepare yourself, you can increase the chances of having a
smoother return. It is worth emphasizing that many DACA recipients have successfully
traveled on advanced parole and returned home with no issues. This explainer is
intended to prepare you after you have been approved to travel abroad on advance
parole and are at a United States port or border seeking reentry.
WHAT IS ADVANCE PAROLE?
Advance parole is a way for people in the United States with
Deferred Action for Childhood Arrivals (DACA) to request
advanced permission to travel abroad. Advance parole
requests are reviewed and granted by U.S. Citizenship and
Immigration Services (USCIS). Although getting a grant
of advance parole is the first crucial step, it does not
guarantee that an individual will be allowed to re-enter the
country. Immigration officers at the border or port of entry
must conduct a separate inquiry to ensure that the person is eligible for reentry.
WHAT IS SECONDARY INSPECTION?
At a port of entry, U.S. Customs and Border Protection (CBP) officers initially
Frequently asked questions about and tips for returning
to the U.S. after an advance parole departure
MARCH 2023
DACA: PREPARING FOR RE-ENTRY
AFTER TRAVELING
ON
ADVANCE PAROLE
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determine whether you are admissible by reviewing your advance parole
documentation. This is called an initial inspection. Secondary inspection is a separate
process from the initial inspection, where immigration officers may conduct further
verification of your documents or additional questioning. It often occurs in a different
room where CBP officers engage in further research, regularly using various online
databases holding information about your criminal and immigration background, to
verify that you are eligible for reentry. They may ask you questions about your travel
or nationality, to help determine your admissibility.
Being taken to secondary inspection is discretionary,
meaning that individual immigration officers can pick
and choose who to send to secondary inspection. After
hearing directly from community members who traveled
on advance parole, it is common for DACA recipients to
get flagged for secondary inspection. Reasons people get flagged for secondary
inspection include having a criminal record, suspicion that you might have improper
documentation, or simply being randomly selected.
Reentry with advance parole can be an anxiety-inducing experience even on the best
day with the most respectful officers. It is helpful to keep in mind that going through
secondary inspection does not mean that you will not be allowed in, it simply means
that they need to do more research. For these reasons, it is helpful to be aware of any
of the possible scenarios that could occur when you are at secondary inspection and
prepare ahead of time.
HOW DOES SECONDARY INSPECTION WORK?
An officer may direct you to another room, separate from the main CBP customs
kiosks. Likely, they will not explain how long you will be there. The room may be plain,
and it could be crowded, depending on the day. You may have to wait there for a few
minutes or several hours, depending on many factors that may not relate to your
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TEACHING, INTERPRETING,
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individual secondary inspection.
HOW CAN I PREPARE MYSELF FOR REENTRY?
It is helpful to know that it is common to be sent to
secondary inspection, and that many people have been
able to successfully travel and return on advance parole as
DACA recipients. Over the years, the process has become
more streamlined, and there is much more information from
previous travelers on how to prepare to make it the smoothest
experience possible.
Below are some tips to keep in mind so that you can better prepare yourself for
reentry:
STAY CALM
Speaking with immigration officers might sound scary. This especially true if you are
confronted by officers who are intimidating. Remember that if you have taken the
proper steps to prepare, you should be able to return if you’re eligible, even if you are
sent to secondary inspection.
Try to stay as calm as possible throughout the process. In terms of comfort, DACA
recipients who have previously traveled suggest dressing in a way that makes you
feel confident but relaxed enough to speak with a CBP officer. You may also consider
not drinking coffee or having caffeine to avoid anxious thoughts. Do whatever makes
you feel comfortable to keep yourself in a calm and confident state of mind while
going through customs.
SPEAK WITH AN ATTORNEY OR LEGAL REPRESENTATIVE BEFORE LEAVING
Speaking to an attorney or legal representative prior to leaving the United States
is especially important for persons who have ever been arrested by local law
enforcement or immigration officers. Simply having contact with law enforcement
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or immigration officers alone would not prevent you from re-entering, and not all
criminal convictions hurt your case, but an attorney or representative can dig in more
to assess your specific situation and see if you would have problems returning.
Even though you are not allowed to have an attorney inside secondary inspection,
having their contact information could be helpful in case immigration officers have
questions about your case.
PLAN AROUND CONNECTING FLIGHTS
If you are sent to secondary inspection, sometimes you can be in there with many
other people waiting for an immigration officer to get to your case.
Be mindful of your choice of airport and state in which you return.
If you have a connecting flight, the first location where you land
will be where you will go through customs and possibly secondary
inspection. Remember, whether you are taken through secondary
inspection is at the discretion of the officers. As such, leave plenty
of extra time for travel, especially if you have a connecting flight,
because you may have to spend extra time in secondary inspection and could miss
your connecting flight.
KEEP FAMILY MEMBERS AND OTHERS INFORMED
You may be able to make phone calls if you are asked to wait in secondary inspection
while they check your paperwork, or there may be a no-phone policy or no cell
reception, so be prepared in case you won’t be able to use your phone. For that
reason, you should notify a family member or close contact in the United States of
the exact date and time you are returning and also the possibility of being sent to
secondary inspection and having to wait longer.
BRING SUPPORTING EVIDENCE
When re-entering, bring any supporting evidence you may need, including an original
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TEACHING, INTERPRETING,
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and copy of:
A passport from your country of origin (it should generally be valid for at least
six months after the date of exiting the United States)
Your advance parole document, known as Form I-512
A copy of your DACA approval notice
Employment Authorization Document (EAD) card
State I.D. or driver’s license, if you have one
Relevant medical documents (e.g. COVID immunization records)
If applicable, your attorney’s contact information
Evidence of reason for the trip abroad. For example:
B If traveling for family reasons, birth certificates showing your tie to that
relative
B If traveling for educational reasons, a copy of your enrollment documents
B If traveling for employment reasons, a letter from your employer, your
business contract or a registration form for a conference you are attending.
BE MINDFUL OF DACA EXPIRATION AND POSSIBLE TERMINATION
It is important to be mindful of extraneous circumstances that may affect your
reentry. This includes ensuring that your DACA will not expire while you are traveling.
Because DACA is currently being litigated in the court, it is also important to keep up
to date on the latest information on DACA. You can visit www.ilrc.org/daca to learn
more about these changes or follow us on social media (links in the end page footer).
HAVE COVID-19 EVIDENCE
Regarding the ongoing COVID-19 pandemic, you must currently show proof of full
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vaccination before boarding your return flight. Although you do not need a booster,
you do need to have either both or a single vaccine shot, depending on which vaccine
you are taking. If returning by land at the border, you may not have to show proof
of your vaccination, but you may have to sign a form saying you are vaccinated (an
attestation).
FILL OUT CUSTOMS DECLARATION FORM
Be aware that you may need to fill out a Customs Declaration form, which will be
passed out either on the plane or when you arrive back in the United States. This
document provides the government with basic information regarding your personal
information and the items in your possession upon re-entry.
AVOID HAVING CONDEMNING EVIDENCE IN YOUR PERSONAL BELONGINGS
Officers may search your belongings. For example, officers can search through your
phone or belongings without any probable cause or warrant. For this reason, it is best
to be aware of what photos and other items you have on your phone and belongings
while traveling. You may want to ensure that you don’t have incriminating photos and
that you have a password on your phone. They often will not search you at all but be
prepared.
TRANSITIONING BACK TO THE UNITED STATES
Traveling outside the country as an undocumented person can feel very vulnerable,
and for some, it can have a lasting mental and emotional impact. Some emotions that
may come up include extreme stress, fear, familial or other relationship tensions,
depression, and isolation. As you’re deciding whether advance parole is right for
you, remember that you are not alone and that all feelings that may come up for you
throughout the process are real and valid.
Remember: Many DACA beneficiaries have successfully been able to travel using this
pathway and have enjoyed their experience. We trust that a vast majority of those
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who get approved to travel will also have painless returns. The key always lies with
preparation. Also, please don’t forget to reach out to a support network to share your
experiences, both positive and negative. It can be tremendously useful for those who
want to travel but are apprehensive or otherwise anxious about the process. Share
your story on your own time and in the way you believe is best for you.
To find a trusted legal services provider in your area, visit ilrc.me/findhelp.