Only undocumented persons with special permits can leave and enter the country.
Photo: Joe Raedle / Getty Images
The holiday season is approaching, but not everyone will have the opportunity to travel outside of the United States without fear that they will not be able to return.
Among undocumented immigrants, only those protected under certain protection programs could apply for an advance parole or permit and a permit to re-enter the United States.
Namely, Dreamers who are under the Deferred Action for Childhood Arrivals (DACA) scheme and who have Temporary Protected Status (TPS) could apply for the permits granted by the Office of Citizenship and Immigration Services (USCIS).
This was indicated by lawyer José Guerrero to Univision, which published a report on why undocumented immigrants should avoid leaving the country.
“Any undocumented person with temporary status leaving the United States, be it DACA or TPS, needs a special permit,” he said.
However, previous reports from lawyers and activists remind immigrants that each case is unique and they should consult with their lawyer if it is feasible to make the request.
Other undocumented immigrants without any protection should avoid leaving the country at all costs, since they will not be able to return if they do not have a document that allows them to re-enter the country.
Those people could only return irregularly, but by doing so they would be committing a federal crime punishable by imprisonment and deportation.
Upon leaving, the undocumented immigrants will face the so-called Law of Punishment, which applies for three years to those who were irregularly less than 180 days and up to 10 years to those who have lived in the country beyond the aforementioned period.
Some people even protected with DACA or TPS would not necessarily have travel and return permits, if they have a criminal record or pending legal proceedings, which will also complicate their subsequent immigration procedures.