DACA and TPS Immigrants Face Tougher Travel Restrictions Under New US Rule

Immigrants in the United States who hold Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) could face greater difficulties traveling abroad under a recent immigration court ruling concerning “advance parole.”

In August, the Board of Immigration Appeals ruled that immigrants who have accumulated more than 180 days of unlawful presence in the U.S. may trigger a three- or 10-year bar on reentry if they leave the country, even when traveling with advance parole.

The ruling has created uncertainty for immigrants who are waiting for green cards or seeking to adjust their immigration status. Many DACA and TPS recipients use advance parole to temporarily leave the country for family visits, medical treatment or other reasons.

Immigration attorney Robin Nice said the decision could leave thousands of immigrants unable to complete their green-card applications from within the United States. Some could potentially face a 10-year wait before being allowed to return.

U.S. Citizenship and Immigration Services defended the ruling, saying that leaving the United States can have immigration consequences for people who have accumulated unlawful presence. The agency also said that an advance parole document does not guarantee admission back into the country, as the final decision is made by U.S. Customs and Border Protection officers at the port of entry.

The filing fee for advance parole is at least $575, while some travelers may also face a new $1,000 fee upon reentry.

Immigration advocates say the change has created a difficult choice for many DACA and TPS recipients: risk traveling abroad and potentially being unable to return, or remain in the United States and forgo seeing family members overseas.

Advocates are urging immigrants affected by the ruling to seek qualified legal advice before making international travel plans.