Is it safe to travel on DACA advance parole?

This is general information, not legal advice. Every person's history is different, and that history decides how risky a trip is for you.

What changed on August 13, 2026?

The Board of Immigration Appeals, the highest immigration court, decided Matter of Delcarmen-Lara. It overruled a 2012 decision called Matter of Arrabally and Yerrabelly.

Before this decision, leaving the U.S. on advance parole did not count as a "departure" for the 3 and 10 year bars. That is why many DACA recipients could travel and come back without triggering a bar.

Now it does count. USCIS put an alert on its Form I-131 page. It says that as of August 13, 2026, leaving after getting an advance parole document is a departure under the law that sets the bars. People who built up more than 180 days of unlawful presence may be inadmissible when they come back.

The Board said it applies the new rule going forward, not to the past. USCIS applies it to departures as of August 13, 2026. A national legal network for immigration lawyers, CLINIC, says the decision does not apply to people who traveled and came back on advance parole before that date (CLINIC). If you left before August 13 and came back after, the answer is not settled. Ask a lawyer.

Who is at risk?

The bars depend on unlawful presence: time in the U.S. without status after your 18th birthday.

• 3 year bar: more than 180 days but less than one year of unlawful presence, then you leave.
• 10 year bar: one year or more of unlawful presence, then you leave.
• Time before age 18 does not count.
• Time while you have DACA does not count as unlawful presence.

If a bar applies, the clock runs from the day you leave. USCIS says the 3 or 10 year period keeps running no matter whether or how you came back, and that it can be spent inside the United States (USCIS Policy Manual, Vol. 8, Part O, Ch. 6, checked October 21, 2026). That matters most for people planning a green card later. Ask a lawyer how it fits your case.

So the question is simple, and hard: between your 18th birthday and the day you first got DACA, were you here without status for more than 180 days? If yes, a trip could keep you out for 3 or 10 years. If you came as a child and got DACA before or soon after turning 18, your risk may be lower. Only a lawyer who sees your papers can tell you.

We know this is hard news, especially if you have a sick parent abroad. You are not out of options. A lawyer can help you weigh the trip against the risk and look for other ways to help your family.

Is anything else risky about travel right now?

Yes. Even before this decision, advance parole was never a promise.

• Border officers decide. Advance parole lets you ask to come back. A border officer still decides whether to let you in.
• Your trip must fit your DACA dates. USCIS will not give advance parole past your DACA end date.
• A past deportation order is a special danger. USCIS warns that leaving with an old removal order can count as deporting yourself. Fix that case in court first, with a lawyer.
• A new parole fee. The USCIS fee schedule lists a $1,050 parole fee under advance parole for DACA. Border officers (CBP) collect it each time you are paroled in, unless they find an exception, and it cannot be waived. The listed exceptions, such as medical emergencies and funerals, do not name DACA. Budget for it on every return, and ask your lawyer whether an exception could fit you.

What does a trip cost, and how long does it take?

As of October 21, 2026:

• Advance parole application (Form I-131): $580 online or $630 on paper.
• Parole fee at the border: $1,050, each time you come back in.
• Your own costs: flights, passport, photos and lawyer fees if any.

USCIS will not give advance parole past your DACA end date, and the trip must be for school, work or humanitarian reasons, like visiting a sick relative. Apply well before you plan to leave. If your DACA renewal is due soon, renew first.

What should I do now?

1. Do not travel yet. If you already have advance parole, hold off until a lawyer reviews it.
2. Gather your history: your entry date, every trip, any arrest or court paper, and every DACA approval notice.
3. Get a free legal screening. Ask: "Do I have unlawful presence that counts? Would a trip trigger a bar for me?"
4. Ask about other paths. If you may qualify for a green card through family, a lawyer may tell you to wait or to plan the trip differently. See Paths to a green card.
5. If a lawyer says go, carry your advance parole document, your passport and your DACA approval notice, and keep your lawyer's phone number with you.

Where can I get free help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• For San Mateo County residents: Community Legal Services in East Palo Alto, (650) 326-6440; Legal Aid Society of San Mateo County, (650) 558-0915; Immigration Institute of the Bay Area (Redwood City consultations), (650) 587-1558; Catholic Charities, (650) 295-2160
• For Santa Clara County residents: Office of Immigrant Relations partners
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.

Only a lawyer or a DOJ accredited representative may give you immigration legal advice. See Warning signs of an immigration scam.

Related questions

• Can I travel outside the US with DACA?
• How do I request advance parole?
• Will traveling on advance parole hurt my green card chances?

This is a hard choice, and it is yours to make with good advice. You do not have to decide alone.