Welcome Dreamers. We are repeatedly asked by students and young persons who have been granted under the Deferred Action for Childhood Arrivals (DACA or Dream Act as it is commonly referred to) program about traveling outside the United States. As I often answer and have previously blogged about, a DACA applicant must demonstrate that the travel is for one of the following purposes:
- Humanitarian (medical, emergent, compelling, sympathetic)
- Employment
- Educational
The form alone, much to the dismay of the Notario and mediocre lawyer, will generally not be sufficient to satisfy this requirement. Some suggestions, in no particular order that can enhance your chances of approval (only if true):
- Obtain a letter from a medical health professional explaining the reason that you need to travel to obtain medical treatment. Medical tourism is big business these days.
- If you have a relative who is in poor health, get a respectable letter from the hospital or treating facility that accurately and thoroughly detailing the condition(s).
- As difficult as it may be, if a relative has died, the death certificate.
- Provide documentation from your school about the study abroad, summer-on-the-sea, summer immersion program you are enrolling in. Do not travel on this reason unless you will study.
- Provide documentation from the foreign school or educational program that you intend to enroll in and its duration. After all, many students come to the United States to study on F-1 Student Visas for short durations; you too can try the same in another country.
- Letter or information from your educational institution about the academic research you are conducting, including credit hours to be awarded and/or requirement it will satisfy. I think it would be really relevant for some Dreamers to go to their native lands to conduct field research for comparative studies of educational and medical institutions. This often comes in play in deportation court, and the more information, the better.
- Letter from your employer explaining your need to travel abroad for an overseas assignment or training.
- Information about the conference you need to attend. The American Immigration Lawyers Association (AILA), of which I'm a card carrying member, has conferences overseas from time to time, so if you are Dreamer who works for an immigration attorney, you may be in luck!
Of course, before applying, I would strongly recommend consulting or hiring a qualified immigration attorney, and especially if you have prior immigration history, such as an outstanding order of removal (deportation) or have had problems with the police. To note again, do not engage in any action which is not true in order to secure a travel document, or any immigration benefit for that matter.
If you have questions or thoughts, feel free to comment or email me directly at dream@rmlegal.com.