Is it safe to travel outside the US with DACA right now?

We know many of you have waited years to hug a grandparent or see the place you were born. This news is hard. It does not mean no one can travel. It means you need to know your numbers first. This page is general information, not legal advice.

What changed on August 13, 2026?

Advance parole is permission from USCIS to leave the U.S. and come back. For years, a 2012 decision (Matter of Arrabally and Yerrabelly) said a trip on advance parole was not a "departure." That mattered because certain bars only start when you depart.

On August 13, 2026, the Board of Immigration Appeals, the top immigration court, decided Matter of Delcarmen-Lara. It overruled the 2012 decision. Now, a trip on advance parole is a departure under the law that sets the 10 year bar. The person in that case had DACA.

The Board said it would apply the new rule only going forward. The decision itself does not name a cutoff date, but USCIS does. Its Form I-131 page (updated October 7, 2026) says that as of August 13, 2026, leaving the U.S. after getting advance parole is a departure for the unlawful presence bars, and that travelers with more than 180 days of unlawful presence may be barred when they return (checked October 21, 2026).

What are the 3 and 10 year bars?

They are penalties for people who built up "unlawful presence" and then left the U.S.

• More than 180 days but less than one year of unlawful presence, then leaving: you may not be able to get a green card or visa for 3 years.
• One year or more, then leaving: 10 years.

The decision's text discusses the 10 year bar. USCIS's alert covers both: it names the "3- or 10-year statutory period" (checked October 21, 2026). Plan as if both apply to you until a lawyer tells you otherwise.

Who is at risk?

The new rule matters if you had more than 180 days of unlawful presence before you leave. Unlawful presence is time in the U.S. without permission. But a lot of time does not count:

• Time before your 18th birthday. By law, it does not count.
• Time while you had DACA. USCIS says you do not build up unlawful presence while deferred action is in effect.

Time that can count:

• Time after you turned 18 and before your first DACA was approved.
• Gaps between DACA periods, if your DACA ran out before the renewal was approved and you were 18 or older when you filed. See My DACA renewal is late.
• Time after a visa or other permission ended, if you came that way.

Who is safest?

People who never built up more than 180 days of unlawful presence after age 18. For example, someone who got DACA at 17, has renewed on time ever since, and never had a gap.

ILRC estimates that about 40 percent of DACA recipients may be in this group. That estimate is not a promise about you. Count your own days with a lawyer.

Even if you are in this group, travel is never risk free. Officers at the border decide whether to let you back in. If anything in your record has changed, such as an arrest, tell the lawyer.

Could I get stuck outside the country?

It is possible, and no one can promise you won't. Advance parole lets you ask to come back. A border officer still decides.

ILRC's alert says people should still be paroled back in, but no one knows yet how border officers will handle travelers who set off a bar. If you set off a bar, you may face it the moment you return, and you would need a waiver or time to pass before you could get a green card.

Things that raise the risk: an old deportation order, any arrest or conviction, past immigration fraud, or a long trip. Tell your lawyer about all of them.

How could a trip hurt a future green card?

This is the part that affects many families. Some DACA recipients plan to get a green card later, often through a U.S. citizen spouse or adult child. For years, coming back on advance parole helped them, because it gave them a lawful entry.

Legal groups say that is still true: coming back on parole can still count as an entry for a green card inside the U.S. What changed is the bar.

• Trip before August 13, 2026: USCIS applies the new rule to departures as of August 13, 2026, and legal groups agree an earlier round trip should not set off a bar by itself.
• Trip on or after August 13, 2026, with more than 180 days of unlawful presence: you may now need a waiver. The waiver (Form I-601) requires showing extreme hardship to a U.S. citizen or green card holder spouse or parent. A citizen child does not count for this waiver.
• Waiting out the bar. USCIS policy says the 3 or 10 year period starts the day you leave and keeps running even if you are back inside the U.S. Once it has passed, that bar no longer applies to a green card application (USCIS Policy Manual, Vol. 8, Part O, Ch. 6, current as of October 2, 2026, checked October 21, 2026). The same chapter warns that how you came back can cause other problems. Keep your DACA renewed the whole time, and plan the timing with a lawyer.

Read If I traveled with DACA advance parole, can I get a green card? and DACA and a path to a green card.

What will the trip cost?

More than it used to. Budget for all of it before you apply:

The parole fee is set by law and cannot be waived. CBP may find an exception for a few urgent reasons, such as a medical emergency or a close family member who is dying, each with conditions (USCIS fee schedule, updated October 16, 2026, checked October 21, 2026).

Example (made up): Maria has DACA, came at 8, and got DACA at 16. Her lawyer counts zero days of unlawful presence after 18. Her grandmother is very sick in Mexico. She files the I-131 online ($580), brings her grandmother's medical letter, and plans for the $1,050 parole fee on her return in case CBP does not apply an exception. Her total is about $1,630 plus travel.

Can I travel without advance parole?

No. USCIS says that when you leave the U.S., your DACA period ends. Leaving without advance parole puts you at serious risk of not being let back in. Also:

• Advance parole is only for humanitarian, work or school reasons. USCIS says a vacation is not a valid reason.
• USCIS will not give advance parole for dates past the end of your DACA.
• Never take a trip that crosses a border by accident, like some cruises or bus routes.

What if it is an emergency?

If a parent is dying or you must be with family for a medical crisis, you may still decide to go. Some people will. Do it with eyes open:

1. Call a lawyer the same day and say it is an emergency.
2. Ask the lawyer to count your unlawful presence in writing.
3. Ask about Emergency Advance Parole.
4. Make a family preparedness plan before you leave.
5. Carry your lawyer's phone number and copies of your papers.

I already traveled. Am I in trouble?

• You left and came back before August 13, 2026: USCIS applies the rule to departures as of August 13, 2026, so the new rule should not reach your trip.
• You left before August 13 and came back after: this is unclear. Some lawyers argue you relied on the old rule. Get advice.
• You left on or after August 13, 2026: talk to a lawyer before you file anything new, including a green card application.

Do not panic and do not stop renewing DACA. Keep filing on time. See How to renew your DACA step by step.

Could this change again?

Yes. Lawyers expect court challenges to the decision. DACA itself is still in court, too. See Is DACA still open? If you hold advance parole for a future date, check the alert on the USCIS I-131 page and talk to your lawyer again right before you go.

Questions people ask us

I got DACA at 15. Is it safe for me? You may be in the lower risk group if you never had a gap after 18. A lawyer should still check.

My advance parole is already approved. Is it still good? The decision does not cancel advance parole documents. The question is whether using it now sets off a bar for you, and whether you are ready for the $1,050 parole fee on return.

Will this affect my DACA renewal? The decision is about bars to a future green card or visa, not about renewing DACA. Keep renewing on time.

Can my citizen child's hardship get me a waiver? Not for this waiver. It counts hardship to a citizen or green card holder spouse or parent.

Who can help?

These are free or low cost public offices and nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• 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 by appointment, (650) 587-1558
• San Mateo County Immigrant Services: (650) 363-4194
• Santa Clara County: the Office of Immigrant Relations works with Asian Law Alliance, Pars Equality Center and Santa Clara University on DACA. Partner list
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.

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

Is there a worksheet I can print?

Yes. Fill it in, then bring it and copies of your papers to your lawyer. It helps them count your unlawful presence fast.

Your dreams of family and home are worth protecting. Count first, get advice, then decide. Do not lose hope.