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Traveling with Advance Parole in 2024

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Introduction

This guide contains information on advance parole and what to expect before, during, and after traveling abroad.

USCIS continues to accept and adjudicate advance parole applications filed by DACA recipients.

*The September 13, 2o23 order from the Southern District of Texas and the ongoing DACA litigation has not stopped USCIS from issuing advance parole documents to DACA recipients. If that should change, USCIS will provide updated information.

Advance parole is a procedure by which certain noncitizens receive permission to reenter the U.S. after temporarily traveling abroad. This is a process that is part of the government’s broader authority to parole (or allow someone into the U.S.) based on its discretion.

U.S. Citizenship and Immigration Services (USCIS) issues an advance parole travel document to travelers before they depart the U.S. While these travelers may use this document to travel back to the U.S., entry to the U.S. is dependent upon the discretion of the Customs and Border Protection (CBP) officer at a port of entry.

U.S. Citizenship and Immigration Services (USCIS), which is an office within the Department of Homeland Security (DHS), adjudicates applications for advance parole.

Advance parole is an option for certain noncitizens within the U.S. This includes recipients of Deferred Action for Childhood Arrivals (DACA), recipients of Temporary Protected Status (TPS), T and U visa holders, and most applicants who have already applied for a green card. In this guide, we will discuss advance parole for DACA recipients.

• You cannot apply for advance parole while your DACA application is pending or if your DACA, employment authorization document (EAD), has expired. If you apply for advance parole and your DACA expires while you are awaiting adjudication, USCIS may issue a Request For Evidence (RFE) that your DACA has been renewed. You must have a valid, unexpired passport from your country of citizenship to travel internationally.
• Study abroad programs or academic research
• Overseas assignments, conferences, interviews, trainings, or client meetings
• Humanitarian purposes include, but are not limited to Seeking medical treatment, visiting an ailing relative, or attending funeral services for a family member.
• Please note that this USCIS guidance is not an exhaustive list of examples. For example, an educational purpose may be a program through a private educational program or a non-profit organization. A humanitarian purpose might be a religious or other humanitarian mission. If the purpose for which you are seeking to travel is not listed, we suggest that you consult with a legal service provider . They may be able to help you understand how your travel fits within a valid purpose.
• Before you apply for advance parole, you should consider consulting with a legal service provider to determine risk and eligibility based on your legal situation.
• Prior case in immigration court, whether or not you actually went to court or the case resulted in a removal order
• Contact with the criminal legal system (arrests, charges, or convictions), even if it did not make you ineligible for DACA
• Multiple prior entries to the U.S. without permission to re-enter
• Immigration-related fraud or misrepresentation to the government

How do I apply for advance parole?

• Write a cover letter: Explaining the purpose of travel and summarizing the documents included in your application ( see example )
• Fill out the advance parole application: USCIS Form I-131 (Read the instructions carefully!) Currently, you must file a paper application and cannot apply for advance parole through the myUSCIS portal.
• Write a statement explaining purpose of travel
• Gather evidence supporting purpose of travel (see chart below)
• A copy of your most recent DACA Approval Notice (USCIS Form I-797)
• A copy of your Employment Authorization Document
• Two passport-sized photos
• Application Fee (currently $630) personal check, cashier’s check or money order payable to the “U.S. Department of Homeland Security”. For the latest USCIS fees, visit their website .

The following chart suggests some forms of evidence that can help applicants with DACA demonstrate their valid purpose for traveling abroad on advance parole. For additional help in determining what sorts of documents to provide as evidence supporting your reason to travel, see the “ General Requirements ” portion of the USCIS instructions, on Page 8 at 1.c.(5).

Make two copies of your entire application. Keep a set with you and leave one with your attorney or family member. Be sure to travel with all of your original documents for re-entry into the U.S.

You can submit your complete Form I-131 and supporting documents to USCIS by mail. You can find out the specific direct filing address to use by visiting the USCIS website and clicking on the “Consideration of Deferred Action for Childhood Arrivals” subheading.

If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office. Please see our guide on emergency advance parole .

If you are not traveling for emergency reasons, it is recommended that you submit your application more than six months before your desired date of travel. Processing times are unpredictable and vary.

Yes, you can include multiple reasons for which you need to travel.

Yes, this falls under a humanitarian purpose for traveling. Many people who did not have the opportunity to attend their family members’ funerals would like to visit their graves. This reason is not time-limited or limited to immediate family members; however, it is important to describe why this visit falls under a humanitarian purpose.

If the relative is more distant, you should describe why this relationship was so important (e.g. an aunt who raised you when you were a child). If their death was a long time ago, explain why you were unable to attend until now (e.g. you were a child, you didn’t have DACA, COVID made travel unsafe, etc.).

Yes! DACA recipients can request to travel abroad for medical reasons, which falls under the humanitarian travel purpose.

If the DACA recipient needs to travel abroad for their own medical reason, they should submit documentation from their doctor or dentist with their diagnosis, the treatment required, and how long it will take. They should also provide evidence, such as their own statement, on why they can’t obtain the specific medical treatment in the U.S., such as lack of health insurance or unaffordability.

If this is an urgent situation and you need advance parole immediately, see this guide.

Yes, DACA recipients may travel abroad to care for a relative who is undergoing a medical procedure. In this scenario, they should provide a letter from the relative’s doctor explaining when the procedure will take place and whether a caregiver is required. The DACA recipient should explain in their statement why they need to be a caregiver in this situation.

If this is an urgent situation and you need advance parole immediately, see this guide .

No. DACA recipients can only travel for educational, employment, and humanitarian purposes.

The Form I-131 instructions (see pp. 10-11) lists what documents an advance parole applicant should attach to their application and provides some suggestions of acceptable evidence. For the specific purpose of traveling (educational, employment, or humanitarian), it really depends on the reason!

It helps to think through the “who, what, when, where, and why” of your travel plans. Do you have evidence to answer each of those questions? It is especially important to include the time frame for the travel and why you need that period of time.

EMERGENCY Advance Parole as a DACA recipient

Risks of traveling abroad.

The advance parole document authorizes parole, but the decision to parole (or allow someone to physically enter the U.S.) is up to the discretion of a CBP officer at a port of entry. That could be either at the border or an airport. Certain circumstances may heighten the risk of being denied entry. It is important to consider the risks and be prepared for any potential situations that may arise.

Risk Factors to Consider:

• Traveling outside the parole date authorized by the advance parole document
• Traveling when DACA authorization (reflected on the dates on your employment authorization document) has expired
• Prior deportation or “voluntary departure” order
• Multiple prior periods of unlawful presence in the U.S.
• Contacts with the criminal system — whether they resulted in a conviction or not — that could lead to an “inadmissibility” finding

If any of these apply to you or you are not sure, always consult with an immigration attorney prior to traveling or applying for advance parole.

• Eligibility for a green card through Adjustment of Status rather than consular processing: If a DACA recipient initially entered the U.S. without inspection, traveling abroad on advance parole may have a positive effect on future immigration applications. If such a person is applying for a green card, they would generally have to complete the application at a U.S. Consulate in their home country, a process known as consular processing. With an entry on Advance Parole, a DACA recipient would be able to complete the green card “adjustment of status” process in the U.S.
• DACA Renewal: Trouble renewing DACA because you traveled outside of the advance parole dates or traveled with an expired DACA.
• Permanent Bar: If a person was deemed inadmissible under the “permanent bar” they will be denied entry into the U.S. They might be able to apply for permission to re-enter the U.S. after being outside the country for 10 years.
• Waiver for future Re-entry: If a person was deemed inadmissible due to contact with the criminal justice system, they might be denied entry into the U.S. They would need to be eligible for a waiver to legally re-enter in the future.
• Hinge future residency on physical presence in the US: If there’s any legislation for pathway to citizenship that is contingent on someone’s physical presence in the U.S. on a specific date. (e.g. DACA, that requires an individual to prove that they were in the U.S. on June 15, 2012). If someone is not physically present on that date, there might be a small risk that they would not be eligible.

Preparing to Travel

Preparing to leave the U.S. with advance parole is CRUCIAL! When you return to the United States, you will go through Customs and Border Protection (CBP) inspection where you will be questioned by a CBP officer. You MUST pack your original advance parole document along with other important documents. Otherwise, you may not be allowed back in the U.S. Carry your original:

• Current, valid passport from your country of origin
• Your original advance parole document (scan a copy of this before you travel for your records)
• Employment authorization card (EAD)
• State ID or driver’s license
• Student ID (if applicable)
• (If you have an attorney) Attorney’s Form G-28 and their business card with contact information

Also carry the original copies of the documents listed below, as well as a copy of your advance parole application. Ensure you are prepared for any questions from CBP and be aware of your rights.

• Your most recent DACA approval notice
• Your advance parole application in its entirety
• Evidence that you traveled abroad for your intended purpose (e.g. relevant medical documents, educational coursework, conference materials, etc.)

Yes, your U.S. citizen child will need a passport to travel. You can make an appointment to get your child’s passport through the U.S. Postal Service website. Making your child’s passport may take several months.

As with all travel, there is a risk. In this case, if there are medical complications or the baby arrives early, there is a risk that you may not be able to re-enter the U.S. within the time frame that your advance parole document allows.

Re-Entering the U.S. on Advance Parole

Returning to the U.S. by Air. If you enter through a U.S. airport, you will pass through U.S. Immigration and Customs. You will be processed in the “Visitor” line, and you can ask an officer once you’re there if you are not sure. It is likely that a Customs and Border Protection officer will escort you to a separate room for secondary screening. There, a CBP officer may ask additional questions, check your belongings (including electronics), and finish processing your re-entry.

Returning to the U.S. by Land.

• If you travel to the United States by land in a vehicle (such as by car over the U.S.-Canada border or U.S.-Mexico border) at a designated Port of Entry (POE), you will have to present your advance parole and supporting documents, including proof of citizenship of your home country, to a Customs and Border Patrol (CBP) agent. Proof of citizenship may include a passport or birth certificate from your home country. If you are sent to secondary inspection, CBP may ask you to park your vehicle and step outside of the vehicle to wait while they further inspect your documents and/or the vehicle.
• If you travel to the United States by foot at a POE, you will have to enter a processing facility to present your documents to a CBP agent. If you are placed in secondary inspection while traveling by foot, CBP may ask you to enter another designated room within the facility where you will present your advance parole and supporting documentation to another agent.

What to consider before reentry:

• Consider the destination of your returning flight based on previous DACA recipients’ experiences with CBP in certain locations. You will go through the inspection process at the first airport you land in the U.S.
• If you have a connecting flight to your home city, be sure to give yourself additional time for any subsequent airline connections.
• Make a list of all emergency contacts (hard copy, not on the phone). Try to have an immigration attorney or congressional staffer in your district as an emergency contact. Carry their business card(s) if possible.
• Let a family member(s) know of your anticipated time of departure and arrival before traveling since you may not be allowed to use your cell phone until you clear customs.
• Use the restroom before inspection and keep water and snacks with you.

A CBP officer will ask questions about your trip abroad when you are re-entering the U.S., such as:

• What was the reason for your trip abroad?
• For how long were you gone?
• Did you purchase anything while you were abroad? If so, what did you purchase?
• What countries did you visit?
• Where did you stay?
• What documents do you have with you?
• What do you do in the U.S.? (e.g., work, school, etc.)

If you have any prior tickets or arrests (even those that didn’t result in convictions), CBP might question you about the circumstances of those incidents. CBP may also question you about your immigration history, including when and how you initially entered the U.S. If you have concerns about these lines of questioning, please consult with an immigration attorney prior to traveling.

After processing, the border official will hand you back your original forms of identification. They will stamp the advance parole document and your passport.

In many cases, the border official will keep the original advance parole document; the stamp in your passport will serve as proof of re-entry through parole.

You may also obtain your I-94 online through the CBP website. Keep copies of your advance parole document, entry stamp in your passport, and I-94 printout as they will be useful to you when renewing DACA and in future immigration processes.

Anxiety about traveling and re-entering is very real! The best thing you can do is prepare for what to expect by reading about the process, speaking with other DACA recipients who have traveled on advance parole, and arranging support.

This may mean discussing a plan ahead of time with your attorney, if you have one, and carrying their form G-28 with you when you travel. You can also contact your Congressional representative to explain your situation and ask for a contact at their office in case you run into problems at the border.

Yes, this is a very real possibility, although it is still a contested area of law. Immigration officials at the border have a lot of power to search your belongings, including your electronic devices.

Because the decision to parole someone into the U.S. is discretionary, it is risky for a DACA recipient to refuse to hand over their phone or argue with an immigration official. It is best for travelers to anticipate that their phone may be searched and to prepare ahead of time to keep their information private.

Always be thoughtful with what information you make public. The guidelines for DACA recipients applying for advance parole list the three valid purposes for traveling (educational, employment, and humanitarian) and then state “travel for vacation is not a valid purpose.”

When you fly back to the United States, it is most likely the airline will have you complete check-in in person and not online.

When you go up to the counter the airline attendants may ask to see your U.S. visa or green card, this is when you let them know you are traveling with advance parole. They may ask to see your document. Make sure the airline doesn’t keep your original advance parole document, you will need to show CBP upon re-entering the United States.

Some airlines are not aware of what advance parole is so it may take some time for them to validate this. Ensure you go to the airport with enough time in case it takes long for them to check .

Passport Control Outside the U.S. If you have a connecting flight outside the U.S. you may go through “Passport Control.” Once again, they may ask for your U.S. visa or green card. Let them know that you reside in the U.S. and are traveling with advance parole, a special document issued by the U.S. government that allows you to re-enter the U.S. Depending on the agent they may ask to see the advance parole document. Ensure you have enough time to complete this so that you don’t miss your connecting flight. Make sure they don’t keep your original advance parole document, you will need to show CBP upon re-entering the United States.

Check Out Eliana’s Advance Parole Story

Additional FAQ

No. At this time, DACA recipients must mail in their advance parole applications.

If you are getting a document translated it must be accompanied by a certificate of translation. Although advance parole applications are not filed before the immigration court, their template can be used for filings with USCIS. See the template here . Any person who is fluent in Spanish and English and can translate between the two languages can translate your document and sign the certificate.

No. USCIS does not refund fees, regardless of any action they take on your application.

Any time a DACA recipient changes their residence, they should complete a Form AR-11 . This is especially important if the DACA recipient is requesting emergency advance parole in-person at a USCIS field office. If a previous address outside the field office’s jurisdiction is on file, the field officers may want to see that an AR-11 was filed.

If you lost the Form I-512L advance parole document, then you will have to refile the application with the fee. You can note that an advance parole document was previously issued but lost. Same goes for any mistakes in names or dates that were present on your I-131 application; however, if USCIS is responsible for the typo or erroneous dates, you do not have to pay the filing fee.

You can also use USCIS’s online tools to put in a service request if the document was lost in the mail. If you can show a USCIS error (e.g. they mailed the advance parole document to a different address than the one you put on the I-131 form), this may be helpful. However, USCIS may not respond to this service request for several weeks.

If you are close to your intended travel date and there is an emergency, you may request an InfoPass appointment at your local USCIS field office. For more information see this guide .

Everyone’s case is different and everyone assumes different risks. If you are scheduling an appointment with an attorney, ask them if they regularly apply for advance parole for DACA recipients. For more tips on how to find a good immigration lawyer, see this guide .

You must respond to USCIS’s Request for Evidence (RFE) by the stated deadline. Failure to do so will result in a denial of your application. USCIS may send an RFE if your intended date of travel has passed. If you are flexible with your plans, you may request new dates and offer updated evidence (e.g. flexible study abroad program, ongoing health needs of relative abroad, etc.).

No. Your employment authorization document (EAD), or DACA, must be valid and unexpired at the time that you submit your application for I-131 Travel Document, or Advance Parole. It is suggested that you apply for advance parole after your DACA renewal request has been approved.

When filing a DACA renewal, you must respond to the questions that ask about travel. You should attach copies of your advance parole document, entry stamp in your passport, and a printout of your Form I-94 that you can obtain online.

If a DACA recipient entered without inspection by an immigration official, they are not able to apply for a green card in the U.S. (the “adjustment of status” process) and will have to travel to their home country to have an interview at a U.S. consulate there (“consular processing”).

If a DACA recipient travels on advance parole and is paroled back into the country, they may then go through the adjustment of status process in the U.S. and obtain their green card without leaving the U.S.

Make sure to speak to an attorney about your specific case and if advance parole is the best option for you. See this guide for help on where to find a lawyer.

Additional resources

• Topics covered include funding, how to apply, and preparing for travel. This resource also features audio stories from DACA recipients who have traveled outside the U.S. using Advance Parole.
• American University’s Defending the AU Dream Initiative— Advance Parole for DACA Recipients: Considerations for Traveling or Studying Abroad

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Frequently Asked Questions

ALERT: Court Decisions Regarding DACA

On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order (PDF, 1.35 MB)  and Supplemental Order of Injunction (PDF, 72.53 KB) .

Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated.  In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022. We will also continue to accept initial DACA requests, but in accordance with the District Court’s order, we will not process initial DACA requests. 

Current valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.

Please see the  DACA Litigation Information Page  for important updates and information related to court rulings on the DACA policy.

• What Is Deferred Action for Childhood Arrivals?
• DACA Process
• Background Checks
• After USCIS Makes a Decision
• Initial Requests for DACA
• Renewal of DACA
• Criminal Convictions
• Employment Authorization
• Miscellaneous

I. General Information for All Requestors

A. what is deferred action for childhood arrivals.

As the Department of Homeland Security (DHS) continues to focus its enforcement resources on those who pose the greatest threat to homeland security, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on individuals who do not fall into this category, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of 2 years, subject to renewal for a period of 2 years, and may be eligible for employment authorization.

We may approve a request for DACA only if we determine, in our sole discretion, that you meet each of the following threshold criteria and merit a favorable exercise of discretion:

• Were under the age of 31 as of June 15, 2012 (that is, you were born on or after June 16, 1981);
• Came to the United States before reaching your 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA;
• Were physically present in the United States on June 15, 2012, and at the time you filed your request for DACA with USCIS;
• Had no lawful immigration status on June 15, 2012, and at the time you filed your request for DACA, meaning that:
• You never had a lawful immigration status on or before June 15, 2012*, or
• Any lawful immigration status or parole that you had before June 15, 2012, expired on or before June 15, 2012, and
• Any lawful status that you had after June 15, 2012, expired or otherwise terminated before you submitted your request for DACA;
• Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States; and
• Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

* Please review Q19 below if you are currently in a lawful immigration status.

You may call us at 800-375-5283 with questions or to request more information on DACA.  If you have a pending request, we have online self-help tools  you can use to check your case status and processing times, change your address, and send an inquiry about a case pending longer than posted processing times or about non-delivery of a card or document.

Q1: What is deferred action? A1: Deferred action is a discretionary determination to defer removal of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based on prior periods of  unlawful presence in the United States, an individual is not considered to be unlawfully present during the period when deferred action is in effect. An individual who has received deferred action is authorized by DHS to be in the United States for the duration of the deferred action period.  Deferred action recipients are also considered to be lawfully present as described in 8 C.F.R. sec. 1.3(a)(4)(vi) for purposes of eligibility for certain public benefits (such as certain Social Security benefits) during the period of deferred action. However, deferred action does not confer  lawful immigration status  upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence they may have.

Under 8 CFR 274a.12(c)(33), an individual who has been granted deferred action under 8 CFR 236.21 through 236.23, Deferred Action for Childhood Arrivals, may receive employment authorization for the period of deferred action, provided they can demonstrate “an economic necessity for employment.”

Under 8 CFR 236.23(d), we may terminate a grant of DACA at any time, at the agency’s discretion. Please see Q28 for more information.

Q2: What is DACA? A2: On June 15, 2012, the secretary of homeland security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of 2 years, subject to renewal, and, if approved, will then be eligible for work authorization if they can demonstrate economic necessity. On Aug. 30, 2022, DHS issued the Deferred Action for Childhood Arrivals (DACA) Final Rule to preserve and fortify the DACA policy. This rule, which puts into effect regulations at 8 CFR 236.21-236.25, rescinds and replaces the DACA guidance set forth in the 2012 Napolitano Memorandum. The final rule is effective as of Oct. 31, 2022.

Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. We will make determinations on a case-by-case basis under the DACA final rule.

All guidance in these FAQs stems from the regulations at 8 CFR 236.21-236.25.

Q3: I currently have DACA. How does the DACA Final Rule impact me? A3: If you are a current DACA recipient, your grant of deferred action and related work authorization, as well as any DACA advance parole document issued, will remain in effect and will expire according to their existing terms. Any requests for renewals of those grants are now governed by the regulations at 8 CFR 236.21-236.25 and not the 2012 Napolitano Memorandum.

Q4: Is there any difference between “deferred action” and DACA under 8 CFR 236.21-236.25? A4: DACA is a form of deferred action. The relief an individual receives with a grant of DACA under 8 CFR 236.21-236.25 is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.

Q5: If my removal is deferred under the DACA final rule, am I eligible for employment authorization? A5: Yes. Under the regulations at 8 CFR 274a.12(c)(33) if you receive DACA under the DACA final rule, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment.

Q6: If my case is deferred, am I in lawful status for the period of deferral? A6: No. Although action on your case has been deferred and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, deferred action does not confer any lawful immigration status.

The fact that you are not accruing unlawful presence does not change that you are in unlawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, you may stay in the United States while your deferred action is in effect. For admissibility purposes, you will not accrue “unlawful presence” while you have deferred action. You are also considered to be “lawfully present” in the United States while you have deferred action for purposes of certain public benefits (such as certain Social Security benefits) as described in 8 C.F.R. sec. 1.3(a)(4)(vi). Federal law does not prevent individuals granted deferred action from establishing domicile in the United States.

Apart from the immigration laws, “lawful presence,” “lawful status” and similar terms are used in various other federal and state laws. For information on how those laws affect individuals who receive a favorable exercise of prosecutorial discretion under DACA, please contact the appropriate federal, state, or local authorities.

Note: It is a federal crime for a noncitizen who is “illegally or unlawfully in the United States,” among others, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. See 18 U.S. 922(g)(5)(A). This prohibition applies to DACA recipients.

Q7: Can I renew my period of deferred action and employment authorization under DACA? A7: Yes. You may request consideration for a renewal of your DACA. We will consider your request for a renewal on a case-by-case basis under 8 CFR 236.22-23. If we renew our exercise of discretion under DACA for your case, you will receive deferred action for another 2 years, and if you show an economic necessity for employment, you may receive employment authorization for that period.

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B. DACA Process

Q8: How do I request consideration of DACA? A8: To request consideration of DACA (either as an initial request or to request renewal), you must submit  Form I-821D, Consideration of Deferred Action for Childhood Arrivals , to USCIS. Please visit the  Form I-821D  webpage before you begin the process to make sure you are using the most current version of the form available. You must complete this form, sign the form, and include the required filing fee. With Form I-821D you must also submit Form I-765, Application for Employment Authorization , the required Form I-765 filing fee, and  Form I-765WS, Worksheet (PDF, 246.96 KB) , establishing your economic need for employment. You can find the filing fees for Forms I-821D and I-765 by vising our Fee Schedule page. If you fail to submit a completed Form I-765 (along with the worksheet and accompanying filing fees for that form, please see the Form I-821D page for more information), we will not consider your request for deferred action. Please read the form instructions to ensure you answer the appropriate questions (determined by whether you are submitting an initial or renewal request) and that you submit all the required documentation to support your initial request. If you are making an initial DACA request, you must file your request for consideration of DACA at the USCIS Lockbox. You can find the mailing address and instructions on the Form I-821D  webpage. After we receive your Form I-821D, Form I-765, and Form I-765 Worksheet, we will review them for completeness, including submission of the required fee, initial evidence and supporting documents (for initial filings). Pursuant to current court orders, we are accepting initial DACA requests but cannot adjudicate them at this time. If you are submitting a renewal DACA request, you may file your request at the USCIS Lockbox or online.

Instructions for Online Filing (DACA Renewal Requests Only)

DACA recipients may submit a DACA renewal request online. To file Form I-821D and Form I-765 online, you must first create a USCIS online account, which provides a convenient and secure method to submit Form I-821D, Form I-765 and Form I-765WS, pay fees, and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to create an account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence. For additional information on filing a DACA renewal request online, see the Form I-821D  webpage. To be considered for DACA, you must submit Form I-821D, Form I-765, and Form I-765WS with your online DACA renewal requests.

After You Submit Your Request

If we determine your request is complete, we will send you a receipt notice. If you need to visit an Application Support Center (ASC) for biometric services, we will send you an appointment notice. Please make sure you read and follow the instructions in the notice. If you fail to attend your biometrics appointment, it may take longer for us to process your request for consideration of deferred action, or we may deny your request. You may also choose to receive an email or text message or both notifying you that we have accepted your form by completing a  Form G-1145, E-Notification of Application/Petition Acceptance .

We will review each request for consideration of DACA on an individual, case-by-case basis. We may request more information or evidence from you or ask you to appear at a USCIS office. We will notify you of our determination in writing.

Note:  All individuals who believe they meet the guidelines, including those in removal proceedings, with a final removal order, or with a voluntary departure order, may affirmatively request consideration of DACA from USCIS through this process. If you are currently in immigration detention and believe you meet the guidelines, you may request consideration of deferred action from USCIS, but we will not approve the request until you are released from detention. If you are requesting DACA, you should tell your deportation officer or follow directions at the U.S. Immigration and Customs Enforcement (ICE) DACA webpage , which also has more information.

Q9: Can I obtain a fee waiver or fee exemption for this process? A9: There are no fee waivers available for DACA requests or employment authorization applications connected to DACA. There are very limited fee exemptions available for Form I-821D and related Form I-765s. You must file a request for a fee exemption, and we must approve your request, before you file your Form I-821D and Form I-765 without fees. To be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS showing that you meet 1 of the following conditions:

• You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150 percent of the U.S. poverty level; or
• You have, at the time of the request, accumulated  $10,000  or more in debt in the past 12 months because of unreimbursed medical expenses for yourself or an immediate family member, and your income is less than 150 percent of the U.S. poverty level; or
• homeless, or
• in foster care, or
• otherwise lacking any parental or other familial support.

You can find additional information on our  Fee Exemption Guidance  webpage. Your fee exemption request must be submitted and decided before you submit a Form I-821D and related Form I-765 without fees. You must provide evidence that you meet any of the above conditions when you make the request. For evidence, we will accept:

• Affidavits from community-based or religious organizations establishing that you are homeless or lack parental or other familial financial support;
• Copies of tax returns, bank statement, pay stubs, or other reliable evidence of income level. Evidence can also include an affidavit from you or a responsible third party attesting that you do not file tax returns, have no bank accounts, or have no income to prove income level; and
• Copies of medical records, insurance records, bank statements, or other reliable evidence of unreimbursed medical expenses of at least $10,000 .

We will address factual questions through Requests for Evidence (RFEs).

Q10: If individuals meet the guidelines for consideration of DACA and are encountered by U.S. Customs and Border Protection (CBP) or ICE, will they be placed into removal proceedings? A10: Under the direction of the Secretary of Homeland Security, if an individual meets the guidelines for DACA, CBP or ICE should exercise their discretion on a case-by-case basis to prevent qualifying individuals from being apprehended, placed into removal proceedings, or removed. If individuals believe that, in light of this policy, they should not have been apprehended or placed into removal proceedings, contact your case officer or the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. – 8 p.m., Monday – Friday); or email  [email protected]

Q11: Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order? A11: This process is open to any individual who can demonstrate they meet the guidelines for DACA consideration under 8 CFR 236.21 – 236.25, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order of removal, or with a voluntary departure order.

Q12: If I am not in removal proceedings but believe I meet the guidelines for consideration of DACA, should I seek to place myself into removal proceedings through encounters with CBP or ICE? A12: No. If you are not in removal proceedings but believe that you meet the guidelines for DACA consideration under 8 CFR 236.21 – 236.25, you should submit your DACA request to USCIS under the process outlined below and at 8 CFR 236.23.

Q13: Can I request consideration of DACA from USCIS if I am in immigration detention under the custody of ICE? A13: Yes. If you are currently in immigration detention, you may request consideration of DACA from USCIS. However, if we decide to grant you DACA, we will not approve your DACA request until you are released from detention. If you are requesting DACA, you should tell your deportation officer.

Q14: If I am about to be removed by ICE and believe that I meet the guidelines for consideration of DACA, what should I do to seek review of my case before removal? A14: If you believe you can demonstrate that you meet the guidelines and are about to be removed, you should immediately contact your case officer or the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. – 8 p.m. Eastern, Monday – Friday) or email  [email protected] .

Q15: What should I do if I meet the guidelines of this process and have been issued an ICE detainer following an arrest by a state or local law enforcement officer? A15: If you meet the guidelines and have been served a detainer, you should immediately contact the ICE Detention Reporting and Information Line at 1-888-351-4024 (staffed 8 a.m. – 8 p.m. Eastern, Monday–Friday); or email  [email protected]

Q16: If I accepted an offer of administrative closure under the case-by-case review process or my case was terminated or dismissed as part of the case-by-case review process, can I be considered for deferred action under this process? A16: Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA even if you have accepted an offer of administrative closure or termination under the case-by-case review process.

Q17: If I declined an offer of administrative closure under the case-by-case review process, can I be considered for deferred action under this process? A17: Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA even if you declined an offer of administrative closure under the case-by-case review process.

Q18: If my case was reviewed as part of the case-by-case review process but I was not offered administrative closure, can I be considered for deferred action under this process? A18: Yes. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA even if you were not offered administrative closure following review of your case as part of the case-by-case review process.

Q19: Can I request consideration of DACA under this process if I am in a nonimmigrant status (for example F-1, E-2, H-4) or have Temporary Protected Status (TPS) at the time I submit my request? A19: No. You can only request consideration of DACA under this process if, at the time of submitting your request and at the time of adjudication of your request, you have no immigration status and were not in any lawful status on June 15, 2012. However, a pending petition or application for nonimmigrant status does not prevent you from requesting DACA, if you otherwise meet the threshold criteria at 8 CFR 236.22.

Q20: Will the information I share in my request for consideration of DACA be used for immigration enforcement purposes? A20: Under 8 CFR 236.23(e)(1), DHS will not use information about a requestor in a request for DACA to initiate immigration enforcement proceedings against that requestor, unless DHS is initiating immigration enforcement proceedings due to a criminal offense, fraud, a threat to national security, or public safety concerns. Individuals whose cases are deferred under DACA will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of DACA, to identify or prevent fraudulent claims, for national security purposes, or to investigate or prosecute a criminal offense.

Q21: If my case is referred to ICE for immigration enforcement purposes or if I receive a Notice to Appear, will ICE receive information about my family members and guardians for immigration enforcement purposes? A21: Under 8 CFR § 236.23(e)(2), information contained in your DACA request related to your family members or guardians will not be used for immigration enforcement purposes against them. However, we may share this information with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of DACA, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense.

Q22: Will USCIS verify documents or statements I provide to support my request for DACA? A22: We have the authority to verify documents, facts, and statements provided to support requests for DACA. We may contact education institutions, other government agencies, employers, or other entities to verify information.

C. Background Checks

Q23: Will USCIS conduct a background check when you review my request for DACA? A23: Yes. You must undergo biographic and biometric background checks before we will consider your DACA request.

Q24: What do background checks involve? A24: Background checks involve checking biographic and biometric information provided by an individual against a variety of databases maintained by DHS and other federal government agencies.

Q25: What steps will USCIS and ICE take if I engage in fraud through the new process? A25: If you knowingly misrepresent information, or knowingly fail to disclose facts, in an effort to obtain DACA or work authorization through this process, DHS will treat you as an immigration enforcement priority to the fullest extent permitted by law, and you will be subject to criminal prosecution or removal from the United States or both.

D. After USCIS Makes a Decision

Q26: Can I appeal USCIS’ determination? A26: No. You cannot file a motion to reopen or reconsider and cannot administratively appeal the decision if we deny your DACA request.

You may request a review of your Form I-821D denial by contacting the USCIS Contact Center at 800-375-5283 Monday to Friday, 8 a.m. to 8 p.m. Eastern. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833. We will not review its discretionary determination to deny your request for DACA. However, you can have a Service Request created if you believe that you met all of the DACA guidelines and that your request was denied because we:

• Denied the request based on abandonment, when you responded to an RFE or Notice of Intent to Deny (NOID) within the prescribed time;
• To ensure the address is updated on a pending case as quickly as possible, we recommend that customers  change your address online . Please note that only an online change of address or a Form AR-11 submission will satisfy the legal requirements to notify us of an address change. Therefore, if you called a customer service representative to change your address, please be sure you also change your address online or with a Form AR-11.
• Denied the request on the grounds that you did not come to the United States before your 16th birthday, but the evidence submitted at the time of filing shows that you did arrive before reaching that age.
• Denied the request on the grounds that you were under age 15 at the time of filing but not in removal proceedings, while the evidence submitted at the time of filing show that you indeed were in removal proceedings when the request was filed;
• Denied the request on the grounds that you were 31 or older as of June 15, 2012, but the evidence submitted at the time of filing shows that you were under the age of 31 as of June 15, 2012;
• Denied the request on the grounds that you had lawful status on June 15, 2012, but the evidence submitted at the time of filing shows that you indeed were in an unlawful immigration status on that date;
• Denied the request on the grounds that you were not physically present in the United States on June 15, 2012, and up through the date of filing, but the evidence submitted at the time of filing shows that you were, in fact, present;
• Denied on the grounds that you are not currently in school, have not graduated or obtained a certificate of completion from high school, have not obtained a GED certificate, and are not an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States;
• Denied the request due to your failure to appear at a USCIS ASC where we may collect your biometrics, when you in fact either did appear at a USCIS ASC to have this done or requested before the scheduled date of your biometrics appointment to have the appointment rescheduled; or
• Denied the request because you did not pay the filing fees for Form I-821D or Form I-765 when you actually did pay these fees.

Q27: If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings? A27: If we deny your request for DACA under 8 CFR 236.23, we will not issue a Notice to Appear or refer your case to ICE for possible enforcement action based on our denial, unless we determine that your case involves denial for a criminal offense, fraud, a threat to national security, or public safety concerns. We may consider factors including, but not limited to, whether a misrepresentation is willful, material, and knowing in determining whether fraud is involved in a case.

Q28: Can USCIS terminate my DACA before it expires? A28: Yes. DACA is an exercise of prosecutorial discretion, and under 8 CFR 236.23(d), we may terminate a grant of DACA at any time, at USCIS’ discretion. We will provide a Notice of Intent to Terminate (NOIT) and an opportunity to respond before terminating a DACA grant, except we may terminate a grant of DACA without an NOIT and an opportunity to respond if you are convicted of a national security-related offense involving conduct described in 8 U.S.C. 1182(a)(3)(B)(iii), (iv), or 1227(a)(4)(A)(i)), or an egregious public safety offense. If we terminate your grant of DACA without an NOIT and an opportunity to respond, we will notify you of the termination.

Q29: What happens to my employment authorization if USCIS terminates my DACA before it expires?

A29: A grant of employment authorization based on DACA, under 8 CFR 274a.12(c)(33), will automatically terminate when DACA terminates. See 8 CFR 236.23(d)(3).

II. Initial Requests for DACA

Q30: What guidelines must I meet to be considered for DACA? A30: Under current court orders, we are accepting, but not adjudicating, initial requests for DACA. Under 8 CFR 236.22, to be considered for DACA you must submit evidence, including supporting documents, showing that you:

• Have continuously resided in the United States since June 15, 2007, up until you filed your request for DACA;
• Were physically present in the United States on June 15, 2012, and when you filed your request for DACA with USCIS;
• Had no lawful immigration status on June 15, 2012,* and when you filed your request for DACA, meaning that:
• You never had a lawful immigration status on or before June 15, 2012, or
• Any lawful immigration status or parole that you had before June 15, 2012, expired as of June 15, 2012, and
• Any lawful status that you had after June 15, 2012, expired or otherwise ended before you submitted your request for DACA;
• Are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States; and

We consider on a case-by-case basis deferred action requests submitted under 8 CFR 236.21-236.25. Even if you meet the threshold criteria listed above and at 8 CFR 236.22(b), we retain the discretion to assess your circumstances and determine that any specific factor makes deferred action inappropriate. See 8 CFR 236.22(c).

* Please review Q19 if you are currently in a lawful immigration status.

Q31: I first came to the United States before I turned 16 years old, and I have been continuously residing in the United States since at least June 15, 2007. Before I turned 16 years old, however, I left the United States for some period before returning and beginning my current period of continuous residence. May I be considered for deferred action under 8 CFR 236.21-236.25? A31: Yes, but only if you established residence in the United States during the period before you turned 16 years old, as evidenced, for example, by records showing you attended school or worked in the United States during that time, or that you lived in the United States for multiple years during that time. In addition to establishing that you initially resided in the United States before you turned 16 years old, you must also have maintained continuous residence in the United States from June 15, 2007, until the present time to be considered for deferred action under this process. See 8 CFR 236.22(b)(1)-(2).

Q32: To prove my continuous residence in the United States since June 15, 2007, must I provide evidence documenting my presence for every day, or every month, of that period? A32: To meet the continuous residence guideline under 8 CFR 236.22(b)(2), you must submit documentation that shows you have been living in the United States from June 15, 2007, up until the time of filing your request. You should provide documentation to account for as much of the period as reasonably possible, but there is no requirement that every day or month of that period be specifically accounted for through direct evidence.

It is helpful for us if you can submit evidence of your residence during at least each year of the period. We will review the documentation in its totality to determine whether it is more likely than not that you were continuously residing in the United States for the period since June 15, 2007. Gaps in the documentation for certain periods may raise doubts about your continued residence if they are lengthy or the record otherwise indicates that you may have been outside the United States for a period that was not brief, casual or innocent.

If gaps in your documentation raise questions, we may issue a Request for Evidence(RFE) to allow you to submit additional documentation that supports your claimed continuous residence.

You may submit affidavits to explain a gap in the documentation showing that you meet the 5-year continuous residence requirement. If you submit affidavits related to the continuous residence requirement, you must submit 2 or more affidavits, sworn to or affirmed by people other than yourself who have direct personal knowledge of the events and circumstances during the period when there is a gap in the documentation. You may only use affidavits to explain gaps in your continuous residence; you cannot use them as evidence that you meet the entire 5-year continuous residence requirement.

Q33: I came to the United States when I was very young and before I began attending school, so I do not have primary evidence of the start of my continuous residence in the United States. Can I submit an affidavit as proof of the start of my continuous residence period?

A33: DHS will accept affidavits for the start of the continuous residence period if you are a new initial requestor who arrived in the United States at or before age 8. We recognize that age 8 is the highest age at which school attendance becomes required within the United States, and that it may be more challenging for individuals who arrived before that age to provide primary evidence of the start of their continuous residence period.

Q34: Does “currently enrolled in school” refer to the date when I file the request for consideration of deferred action? A34: To be considered “currently enrolled in school” under 8 CFR 236.22(b)(5), you must be enrolled in school on the date you submit a DACA request.

Q35: Who is considered to be “currently enrolled in school” under 8 CFR 236.22(b)(5)? A35: To be considered “currently enrolled in school” under 8 CFR 236.22(b)(5), you must be enrolled in:

• A public, private, or charter elementary school, junior high or middle school, high school, secondary school, alternative program, or homeschool program that meets state requirements;
• An education, literacy, or career training program (including vocational training) that has a purpose of improving literacy, mathematics, or English or is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; or
• An education program helping students obtain a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a GED exam or other state-authorized exam (such as HiSet or TASC) in the United States.

Education, literacy, and career training programs (including vocational training), or education programs helping students obtain a regular high school diploma or its recognized equivalent under state law, or in passing a GED exam or other state-authorized exam in the United States, may include, but are not limited to, programs wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations. Programs funded by other sources may qualify if they have demonstrated effectiveness.

In assessing whether programs are of demonstrated effectiveness, we will consider:

• The duration of the program’s existence;
• Assisting students in obtaining a regular high school diploma or its recognized equivalent;
• Passing a GED or other state-authorized exam (such as HiSet or TASC); or
• Placing students in postsecondary education, job training, or employment; and
• Other indicators of the program’s overall quality.

If you seek to demonstrate that you are “currently enrolled in school” with your enrollment in such a program, you must show the program’s demonstrated effectiveness.

Q36: How do I establish that I am currently enrolled in school? A36: Documentation showing that you are enrolled in school may include evidence that you are enrolled in:

• A public, private, or charter elementary school, junior high or middle school, high school or secondary school, alternative program, or homeschool program that meets state requirements; or
• Has a purpose of improving literacy, mathematics, or English, or is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; and
• Is wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations or, if funded by other sources, is of demonstrated effectiveness; or
• An education program assisting students in obtaining a high school equivalency diploma or certificate recognized under state law (such as by passing a GED exam or other state-authorized exam such as HiSet or TASC), and that the program is wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations or, if funded by other sources, is of demonstrated effectiveness.

Evidence of enrollment may include acceptance letters, school registration cards, letters from a school or program, transcripts, report cards, or progress reports that may show the name of the school or program, date of enrollment, and current educational or grade level, if relevant. See Chart #1, below, for examples of documents. Q37: What documentation may be sufficient to demonstrate that I have graduated or obtained a certificate of completion from high school? A37: See Chart #1, below, for examples of documents. Documentation showing that you have graduated or obtained a certificate of completion from high school for purposes of 8 CFR 236.22(b)(5) may include, but is not limited to:

• A high school diploma from a public or private high school or secondary school; or
• A certificate of completion, a certificate of attendance, or an alternate award from a public or private high school or secondary school or a recognized equivalent of a high school diploma under state law, or a GED certificate or certificate from passing another such state authorized exam (e.g., HiSet or TASC) in the United States.

Q38: What documentation may be sufficient to demonstrate that I have obtained a GED certificate or certificate from passing a similar state-authorized exam (such as HiSet or TASC)? A38: See Chart #1, below, for examples of documents. Documentation demonstrating that you have obtained a GED certificate or certificate from passing a similar state-authorized exam for purposes of 8 CFR 236.22(b)(5) may include, but is not limited to, evidence that you have passed a GED exam or other state-authorized exam (such as HiSet or TASC) and received the recognized equivalent of a regular high school diploma under state law.

Q39: If I am enrolled in a literacy or career training program, can I meet the guidelines at 8 CFR 236.22(b)(5)? A39: Yes, in certain circumstances. You may be able to establish that you meet the education guidelines at 8 CFR 236.22(b)(5) if you are enrolled in an education, literacy, or career training program that has a purpose of improving literacy, mathematics, or English or is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement. Such programs include, but are not limited to, programs wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations, or if funded by other sources, are programs of demonstrated effectiveness.

Q40: If I am enrolled in an English as a second language (ESL) program, can I meet the guidelines? A40: Yes, in certain circumstances. You may be able to establish that you meet the education criteria at 8 CFR 236.22(b)(5) through enrollment in an ESL program if the ESL program is wholly or partially funded by federal, state, county or municipal grants or administered by nonprofit organizations, or is a program of demonstrated effectiveness. You must submit direct documentary evidence that the program is wholly or partially funded by federal, state, county or municipal grants, administered by a nonprofit organization, or of demonstrated effectiveness.

Q41: Will USCIS consider evidence other than that listed in Chart #1 to show that I have met the education guidelines at 8 CFR 236.22(b)(5)? A41: No. We will not accept evidence that is not listed in Chart #1 to establish that you are currently enrolled in school, have graduated or obtained a certificate of completion from high school, or have obtained a GED or passed another state-authorized exam (such as HiSet or TASC) for purposes of 8 CFR 236.22(b)(5). You must submit any of the documentary evidence listed in Chart #1 to show that you meet the education guidelines at 8 CFR 236.22(b)(5).

Q42: Will USCIS consider evidence other than that listed in Chart #1 to show that I have met certain threshold criteria at 8 CFR 236.22(b)? A42: You may use evidence other than those documents listed in Chart #1 to establish that you meet the following guidelines and factual showings, if available documentary evidence is insufficient or lacking and shows that:

• You were physically present in the United States on June 15, 2012;
• You came to the United States before reaching your 16th birthday;
• You satisfy the continuous residence requirement, if you present direct evidence of your continued residence in the United States for a portion of the required period and the circumstantial evidence is used only to fill in gaps in the length of continuous residence demonstrated by the direct evidence; and
• Any travel outside the United States during the period of required continuous presence was brief, casual, and innocent.

However, we will not accept evidence other than the documents listed in Chart #1 as proof that you meet any of the following guidelines:

• You were under the age of 31 on June 15, 2012 (that is, you were born on or after June 16, 1981); and
• You are currently enrolled in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran of the Coast Guard or armed forces of the United States.

For example, even if you do not have documentary proof of your presence in the United States on June 15, 2012, you may still be able to demonstrate that you meet the guideline. You may do so by submitting credible documentary evidence that you were present in the United States shortly before and shortly after June 15, 2012, which may be enough to infer you were present June 15, 2012, as well. However, we will not accept evidence other than that listed in Chart #1 to establish that you have graduated high school. You must submit the designated documentary evidence to satisfy that you meet this guideline.

Chart #1 provides examples of documentation you may submit to demonstrate you meet the threshold criteria for DACA under 8 CFR 236.21-236.25. Please see the instructions for  Form I-821D, Consideration of Deferred Action for Childhood Arrivals , for additional details of acceptable documentation.

Q43: May I file affidavits as proof that I meet the threshold criteria for consideration of DACA at 8 CFR 236.22(b)? A43: Affidavits generally will not be sufficient on their own to demonstrate that you meet the threshold criteria at 8 CFR 236.22(b) for us to consider you for DACA. However, you may use affidavits to support meeting the following guidelines if the documentary evidence available to you is insufficient or lacking:

• Showing that you meet the 5-year continuous residence requirement;
• Establishing the start of the continuous residence period if you entered the United States before age 8; and
• Establishing that departures during the required period of continuous residence were brief, casual, and innocent.

If you submit affidavits related to the above criteria, you must submit 2 or more affidavits, sworn to or affirmed by people other than yourself, who have direct personal knowledge of the events and circumstances. If we determine that the affidavits are insufficient to overcome the unavailability or lack of documentary evidence with respect to either of these guidelines, we will issue a Request for Evidence, indicating you must submit further evidence to demonstrate that you meet these guidelines. We will not accept affidavits to satisfy the following guidelines at 8 CFR 236.22(b):

• You are currently enrolled in school, have graduated or obtained a certificate of completion or other alternate award from high school, have obtained a high school equivalency diploma or certificate (such as by passing the GED exam or other similar state-authorized exam such as HiSet or TASC), or are an honorably discharged veteran from the U.S. Coast Guard or armed forces of the United States;
• Your lack of disqualifying criminal history.

If the only evidence you submit to demonstrate you meet any of the above guidelines is an affidavit, we will issue a Request for Evidence, indicating that you have not demonstrated that you meet these guidelines and that you must submit evidence to demonstrate that you meet that guideline.

Q44: Can I be considered for deferred action under this process if I had an application for asylum or cancellation of removal pending before either USCIS or the Executive Office for Immigration Review (EOIR) on June 15, 2012? A44: Yes. If you had an application for asylum or cancellation of removal, or similar relief, pending before either USCIS or EOIR as of June 15, 2012, but had no lawful status, you may request consideration of DACA.

Q45: I was admitted for "duration of status" or for a period that extended past June 14, 2012, but I violated my immigration status (for example, by engaging in unauthorized employment, failing to report to my employer, or failing to pursue a full course of study) before June 15, 2012. May I be considered for deferred action under 8 CFR 236.21-236.25? A45: No, unless the Executive Office for Immigration Review terminated your status by issuing a final order of removal against you before June 15, 2012.

Q46: I was admitted for "duration of status" or for a period that extended past June 14, 2012, but I "aged out" of my dependent nonimmigrant status as of June 15, 2012. May I be considered for deferred action under 8 CFR 236.21-236.25? A46: Yes. For purposes of satisfying the “had no lawful status on June 15, 2012," guideline at 8 CFR 236.22(b)(4) alone, if you were admitted for duration of status or for a period of time that extended past June 14, 2012, but aged out of your dependent nonimmigrant status on or before June 15, 2012, (meaning you turned 21 years old on or before June 15, 2012), you may be considered for deferred action under 8 CFR 236.21-236.25.

Q47: I was admitted for duration of status, but my status in the Student and Exchange Visitor Information System (SEVIS) is listed as terminated on or before June 15, 2012. May I be considered for deferred action under 8 CFR 236.21-236.25? A47: Yes. For the purposes of satisfying the “had no lawful status on June 15, 2012,” guideline at 8 CFR 236.22(b)(4) alone, if your status as of June 15, 2012, is listed as “terminated” in SEVIS, you may be considered for DACA under 8 CFR 236.21-236.25.

Q48: I am a Canadian citizen who was inspected by CBP but was not issued a Form I-94 at the time of admission. May I be considered for deferred action under 8 CFR 236.21-236.25? A48: In general, a Canadian citizen who was admitted as a visitor for business or pleasure and not issued a Form I-94, Arrival/Departure Record (also known as a “non-controlled” Canadian nonimmigrant) is lawfully admitted for a period of 6 months. For that reason, unless there is evidence, including verifiable evidence provided by the individual, that they were specifically advised that their admission would be for a different length of time, DHS will consider, for purposes of 8 CFR 236.21-236.25 only, that the noncitizen was lawfully admitted for a period of 6 months. If DHS can verify from its records that your last noncontrolled entry occurred on or before Dec. 14, 2011, DHS will consider your nonimmigrant visitor status to have expired as of June 15, 2012, and you may be considered for deferred action under 8 CFR 236.21-236.25.

Q49: I used my Border Crossing Card (BCC) to obtain admission to the United States and was not issued a Form I-94 at the time of admission. May I be considered for deferred action under 8 CFR 236.21-236.25? A49: Because the limitations on entry for a BCC holder vary based on location of admission and travel, DHS will assume that the BCC holder who was not provided a Form I-94 was admitted for the longest period legally possible—30 days—unless the individual can demonstrate, through verifiable evidence, that they were specifically advised that their admission would be for a different length of time. Accordingly, if DHS is able to verify from its records that your last admission was using a BCC, you were not issued a Form I-94 at the time of admission, and it occurred on or before May 14, 2012, DHS will consider your nonimmigrant visitor status to have expired as of June 15, 2012, and you may be considered for deferred action under 8 CFR 236.21-236.25.

Q50: Do I accrue unlawful presence if I have a pending initial request for consideration of DACA? A50: You will continue to accrue unlawful presence while the request for consideration of DACA is pending unless you are under 18 years of age at the time of the request. If you are under 18 years of age at the time you submit your request, you will not accrue unlawful presence while the request is pending, even if you turn 18 while your request is pending with USCIS. If we grant your DACA request, you will not accrue unlawful presence during the period of deferred action. However, having deferred action will not excuse previously accrued unlawful presence.

III. Renewal of DACA

Q51: When should I file my DACA renewal request? A51: We strongly encourage you to submit your DACA renewal request between 120 and 150 days (4 to 5 months) before the expiration date located on your current Form I-797 DACA approval notice and EAD. Filing during this window reduces the risk that your current period of DACA will expire before you receive a decision on your renewal request. Filing earlier than 150 days before your current DACA expiration date will not result in a faster decision.

DACA recipients may submit a DACA renewal request online. To file Form I-821D and Form I-765 online, a DACA requestor must first create a USCIS online account, which provides a convenient and secure method to submit forms, pay fees and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to set up an account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence. For additional information on filing a DACA renewal request online, go to the Form I-821D webpage. All online DACA renewal requests must include Form I-821D, Form I-765, and Form I-765WS and accompanying fees.

• If you fail to appear at an ASC for a scheduled biometrics appointment to obtain fingerprints and photographs. It will take longer to process your request if you miss or reschedule your appointments;
• Issues of national security, criminality or public safety discovered during the background check process that require further vetting;
• Issues of travel abroad that need additional evidence or clarification;
• Name or date of birth discrepancies that may require additional evidence or clarification; or
• A renewal submission that is incomplete or contains evidence that suggests a requestor may not satisfy the DACA renewal guidelines and we must request additional evidence or an explanation.

Q52: Can I file a renewal request outside the recommended filing period of 120 to 150 days before my current DACA expires? A52: We strongly encourages you to file your renewal request within the recommended 120- to 150-day filing period to minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request. We will accept requests we receive earlier than 150 days before your current DACA expires; however, this could result in an overlap between your current DACA and your renewal. This means your renewal period may extend for less than a full 2 years from the date that your current DACA period expires.

If you file less than 120 days before your current period of DACA expires, there is more risk that your current period of DACA and employment authorization will expire before you receive a decision on your renewal request. If you file after your most recent DACA period expires, but within 1 year of its expiration, you may submit a request to renew your DACA. If you are filing beyond 1 year after your most recent period of DACA expired, or if your most recent grant of DACA was terminated at any time, you may still request DACA by submitting a new initial request.

Please note: An ongoing  July 16, 2021, injunction (PDF, 401.59 KB)  from the U.S. District Court for the Southern District of Texas, which was affirmed by the U.S. Court of Appeals for the Fifth Circuit, and, on Oct. 14, 2022, was extended by the district court to the DACA final rule, remains in effect and prohibits DHS from granting initial DACA requests and related employment authorization under the final rule. Due to the partial stay of the injunction, DHS presently may grant DACA renewal requests under the final rule.

Q53: How will USCIS evaluate my request for renewal of DACA under 8 CFR 236.21-236.25? A53: We may consider renewing your DACA if you met the guidelines for consideration of Initial DACA (see above and 8 CFR 236.22(b)) and you:

• Did not engage in unauthorized travel outside the United States on or after Aug. 15, 2012;
• Have continuously resided in the United States since you submitted your most recent request for DACA that was approved up to the present time; and

These guidelines must be met for consideration of DACA renewal. We consider deferred action requests submitted under 8 CFR 236.21-236.25 on a case-by-case basis. Even if you meet the guidelines, we have discretion to assess your circumstances and determine that deferred action is inappropriate. See 8 CFR 236.22I.

Q54. Do I accrue unlawful presence if I am seeking renewal and my previous period of DACA expires before I receive a renewal of deferred action under DACA? Similarly, what would happen to my work authorization? A54: Yes, if your previous period of DACA expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence for any time between the periods of deferred action, unless you are under 18 years of age at the time you submit your renewal request.

Similarly, if your previous period of DACA expires before you receive a renewal of deferred action under DACA, you will not be authorized to work in the United States regardless of your age at time of filing until and unless you receive a new EAD from USCIS.

Q55. Do I need to provide additional documents when I request renewal of deferred action under DACA? A55. No, unless you have new documents pertaining to removal proceedings or criminal history that you have not already submitted to USCIS in a previously approved DACA request. However, we reserve the authority, at our discretion, to request additional documents, information or statements relating to a DACA renewal request determination.

CAUTION: If you knowingly and willfully provide materially false information on Form I-821D, you will be committing a federal felony punishable by a fine, imprisonment up to 5 years, or both under 18 U.S.C. Section 1001. In addition, you may be placed into removal proceedings, face severe penalties provided by law, and be subject to criminal prosecution.

Q56.; If I am no longer enrolled in school, can I still request to renew my DACA? A56. Yes. Neither Form I-821D nor the instructions ask renewal requestors for information about continued school enrollment or graduation. The instructions for renewal requests specify that you may be considered for DACA renewal if you met the guidelines for consideration of initial DACA, including the educational guidelines and:

• Did not engage in unauthorized travel outside the United States on or after Aug. 15, 2012, without advance parole;
• Have continuously resided in the United States, up to the present time, since you submitted your most recent request for DACA that was approved; and
• Have not been convicted of a felony, a misdemeanor described in 8 CFR 236.22(b)(6)or 3 or more other misdemeanors and are not a threat to national security or public safety.

Q57. If I initially received DACA and was under age 31 on June 15, 2012, but have since become 31 or older, can I still request renewal of DACA? A57. Yes. You may request consideration for a renewal of DACA as long as you were under age 31 as of June 15, 2012.

Q58: May I travel outside the United States before I submit an initial DACA request or while my initial DACA request is pending with USCIS? A58: Any unauthorized travel outside of the United States on or after Aug. 15, 2012, will interrupt your continuous residence, and you will not be considered for deferred action under 8 CFR 236.21-236.25. We will assess any travel outside of the United States that occurred on or after June 15, 2007, but before Aug. 15, 2012, to determine whether the travel qualifies as brief, casual and innocent. (See Chart #2.)

CAUTION: You should be aware that if you have been ordered deported or removed, and you then leave the United States, your departure will likely mean you are considered deported or removed, with potentially serious future immigration consequences.

Q59: If my case is deferred under DACA, will I be able to travel outside of the United States? A59: Not automatically. If we decide to defer action in your case and you want to travel outside the United States, you must apply for an advance parole document by filing  Form I-131, Application for Travel Document , and paying the applicable fee. We will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, we will only issue an advance parole document if your travel abroad is for:

• Humanitarian purposes, including travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative;
• Educational purposes, such as semester abroad programs and academic research; or
• Employment purposes, such as overseas assignments, interviews, conferences or training, or meetings with clients overseas.

Travel for vacation is not a valid basis for advance parole.

Travel for educational purposes means travel affiliated with an institution that provides education as its primary purpose. The DACA recipient does not have to be enrolled in the institution that the program is affiliated with, but you must be enrolled in the program you will be traveling with.

You may not apply for an advance parole document unless and until USCIS approves your DACA request. If you are a current DACA recipient and submitting a renewal request, you may apply for advance parole at the same time to the separate filing address for advance parole requests. We will consider all advance parole requests on a case-by-case basis.

If we have granted DACA under 8 CFR 236.21-236.25 after you have been ordered deported or removed, you may still request advance parole if you meet the guidelines for advance parole described above.

CAUTION: If you have been ordered deported or removed, before you leave the United States, you should seek to reopen your case before the EOIR and obtain administrative closure or termination of your removal proceeding. Even after you have asked EOIR to reopen your case, you should not leave the United States until after EOIR has granted your request. If you depart after being ordered deported or removed, and your removal proceeding has not been reopened and administratively closed or terminated, you may be considered deported or removed, with potentially serious future immigration consequences. If you have any questions about this process, you may contact ICE through the local ICE Office of the Principal Legal Advisor with jurisdiction over your case.

Q60: What happens to my DACA grant if I leave the United States without advance parole?

A60: CAUTION: When you leave the United States, you are no longer in a period of deferred action. DACA recipients who leave the United States without first obtaining an advance parole document run a significant risk of being unable to reenter the United States. We strongly encourage you to obtain an advance parole document before you leave to reduce the risk of being unable to return and resume DACA.

We may terminate a grant of DACA, in our discretion and after issuing a Notice of Intent to Terminate with an opportunity to respond, for DACA recipients who depart from the United States without first obtaining an advance parole document and subsequently enter the United States without inspection. See 8 CFR 236.23(d)(2). Generally, a recent entry without inspection will be a significant negative factor warranting termination of DACA as a threat to border security, but where there are exigent circumstances, such as accidental or involuntary border crossings, DHS may choose to continue exercising prosecutorial discretion and allow the grant of deferred action to continue.

DACA recipients who depart the United States without first obtaining advance parole but who are paroled into the United States may resume their DACA upon expiration of the period of parole.

Q61: Why does my advance parole document show a 1-day parole period?

A61: Your advance parole document may show a parole period of 1 day because it is to facilitate your reentry into the United States, at which time you will resume your current DACA validity period. This is different from the language on your advance parole document that authorizes a departure and reentry between specified dates. Please review your advance parole document carefully to understand the details of your travel authorization.

Q62: Do brief departures from the United States interrupt the continuous residence requirement? A62: A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. However, unauthorized travel outside of the United States on or after Aug. 15, 2012, will interrupt continuous residence, regardless of whether it was otherwise brief, casual, and innocent. Your absence from the United States will be considered brief, casual, and innocent if it was on or after June 15, 2007, and before Aug. 15, 2012, and:

• The absence was short and reasonably calculated to accomplish the purpose for the absence;
• The absence was not because of a post-June 15, 2007, order of exclusion, deportation, or removal;
• The absence was not because of a post-June 15, 2007, order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
• The purpose of the absence and your actions while outside the United States were not contrary to law.

Once we have approved your request for DACA, you may file  Form I-131, Application for Travel Document , to request advance parole to travel outside of the United States.

CAUTION: If you travel outside the United States on or after Aug. 15, 2012, without authorization and subsequently enter without inspection, DHS will issue you a Notice of Intent to Terminate and may, barring exigent circumstances, terminate your deferred action under DACA in its discretion,

Q63: May I file a request for advance parole at the same time I file my DACA package? A63: You may file your DACA renewal request and a request for advance parole at the same time. However, the filing addresses for those two requests are different, and you must send each request to its appropriate filing address. We will not issue an advance parole document for a period that continues past your DACA validity period.

To request advance parole, you must submit Form I-131, Application for Travel Document (PDF, 451.87 KB) . Please visit the Form I-131 webpage before you begin the process to make sure you are using the current version of the form. To request advance parole to travel outside the United States, you must complete and sign Form I-131, and include the required filing fee as listed on the Form I-131 webpage .

You can find information on where to file on the Direct Filing Addresses for Form I-131 webpage under “Deferred Action for Childhood Arrivals (DACA).” If you do not send Form I-131 to the correct address, it may significantly delay adjudication of your application or cause us to deny it.

If you are filing an initial DACA request, you may not file an advance parole request at the same time.

Q64: Will USCIS expedite the processing of a DACA Form I-131 advance parole application currently pending with USCIS? A64: We consider all expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within the sole discretion of USCIS. Please visit the USCIS Policy Manual Chapter 5 - Requests to Expedite Applications or Petitions for more information and guidance on expedite requests.

Q65: What if I am experiencing an extremely urgent situation and have not filed my Form I-131 advance parole application? A65:If you are experiencing an extremely urgent situation and need to travel within 90 days, you may request an emergency advance parole appointment at your local field office by contacting the  USCIS Contact Center . You should bring the following items to your appointment:

• A completed and signed Form I-131, Application for Travel Document;
• The correct Form I-131 filing fee;
• Evidence to support the emergency request (such as medical documentation, death certificate, etc.); and
• 2 passport-style photos.

V. Criminal Convictions

Q66: If I have a conviction for a felony offense, a misdemeanor offense described in 8 CFR 236.22(b)(6), or multiple other misdemeanors, can I be granted DACA under 8 CFR 236.21-236.25? A66: No. If you have been convicted of a felony offense, a misdemeanor offense described in 8 CFR 236.22(b)(6), or 3 or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, we will not consider you for DACA under 8 CFR 236.21-236.25.

Q67: What offenses qualify as a felony? A67: A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding 1 year.

A single conviction for a felony offense is disqualifying for purposes of DACA.

Q68: What offenses constitute disqualifying misdemeanors (as described at 8 CFR 236.22(b)(6)) for purposes of DACA? A68: For purposes of DACA, a misdemeanor (as described at 8 CFR 236.22(b)(6)) is a misdemeanor as defined by federal law (specifically, a misdemeanor for which the maximum term of imprisonment authorized is 1 year or less but greater than 5 days) that meets the following criteria:

• Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; or
• If not an offense listed above, is an offense for which you were sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and does not include a suspended sentence.

The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE.

A single conviction for a misdemeanor offense as described above is disqualifying for purposes of DACA.

A single misdemeanor conviction that is not a misdemeanor as described at 8 CFR 236.22(b)(6) is not per se disqualifying for DACA purposes. However, we may consider such offenses in the totality of circumstances to determine whether a DACA requestor merits a favorable exercise of prosecutorial discretion.

Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary decision that takes into account all the circumstances. The absence of any misdemeanor convictions as described in 8 CFR 236.22(b)(6) is not necessarily determinative, but it is a factor we will consider when we exercise our discretion.

Q69: What offenses constitute “other misdemeanors” at 8 CFR 236.22(b)(6))? A69: For purposes of 8 CFR 236.22(b)(6), an “other misdemeanor” is any misdemeanor as defined by federal law (specifically, a misdemeanor for which the maximum term of imprisonment authorized is 1 year or less but greater 5 days) that meets the following criteria:

• Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; and
• Is an offense for which the individual was sentenced to time in custody of 90 days or less. The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE.

Three or more convictions of “other misdemeanors” not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct are disqualifying for purposes of DACA.

The decision to defer action in a particular case is an individualized, discretionary decision that takes into account all the circumstances. The absence of three or more convictions of “other misdemeanors”  is not necessarily determinative, but it is a factor we will consider when we exercise our discretion.

Q70: If I have a minor traffic offense, such as driving without a license, will it be considered a misdemeanor that counts towards the “3 or more other misdemeanors” and make me unable to receive consideration for an exercise of prosecutorial discretion under 8 CFR 236.21-236.25? A70: We will not consider a minor traffic offense a misdemeanor for purposes of 8 CFR 236.22(b)(6), and it is not per se disqualifying for DACA purposes. However, we can consider your entire offense history along with other facts to determine whether, under the totality of the circumstances, you warrant a favorable exercise of prosecutorial discretion.

It is important to emphasize that driving under the influence is a disqualifying misdemeanor as described at 8 CFR 236.22(b)(6), regardless of the sentence imposed.

Q71: What qualifies as a national security or public safety threat? A71: If the background check or other information uncovered during the review of your request for deferred action indicates that your presence in the United States threatens public safety or national security, we will not grant your DACA request. Indicators that you pose such a threat include, but are not limited to, gang membership, participation in criminal activities, or participation in activities that threaten the United States.

Q72: Will offenses criminalized as felonies or misdemeanors by state immigration laws be considered disqualifying convictions for purpose of DACA? A72: No. Under 8 CFR 236.22(b)(6), convictions under state laws (including U.S. territories) for immigration-related offenses are not considered convictions for purposes of DACA.

Q73: Will USCIS consider my expunged conviction or juvenile delinquency adjudication as a disqualifying conviction for purposes of DACA? A73: No. Under 8 CFR 236.22(b)(6), we do not consider expunged convictions and juvenile delinquency adjudications disqualifying convictions for purposes of DACA. However, we will assess expunged convictions and juvenile delinquency adjudications on a case-by-case basis to determine whether, under the circumstances, you present a national security or public safety concern and a favorable exercise of prosecutorial discretion is otherwise warranted. If you were a juvenile, but tried and convicted as an adult, we will not consider your conviction a juvenile delinquency adjudication.

VI. Employment Authorization

Q74. What should I do if my EAD was lost, stolen, or damaged? A74. If your deferred action under DACA is currently valid, and you do not need to renew it, but you need to replace a valid EAD because yours was lost, stolen, or damaged, file Form I-765, Application for Employment Authorization, and select box 1.b. Submit the properly completed Form I-765, evidence that you are a current DACA recipient (such as your most recent DACA approval notice), and filing fee to the filing address for the location where you live.

Do not file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with this Form I-765. If you submit Form I-821D when you are filing to replace a lost, stolen, or damaged EAD, we will deny your Form I-821D and we will not refund the $85 filing fee for Form I-821D.

VII. Miscellaneous

Q75: Can USCIS terminate my DACA grant? A75: DHS may seek to terminate a grant of DACA at any time in its discretion. However, in most cases we will provide DACA recipients with a Notice of Intent to Terminate (NOIT), with an opportunity to respond, before termination. We have discretion to terminate without providing a DACA recipient a NOIT and opportunity to respond if you were convicted of a national security-related offense involving conduct described in 8 U.S.C. 1182(a)(3)(B)(iii), 1182(a)(3)(B)(iv), or 1227(a)(4)(A)(i), or an egregious public safety offense.

Q76: Does deferred action provide a path to permanent resident status (a Green Card) or citizenship? A76: No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only Congress, acting through its legislative authority, can confer these rights.

Q77: Can I be considered for deferred action even if I do not meet the guidelines to be considered for DACA? A77: The process at 8 CFR 236.21-236.25 is only for individuals who meet the specific guidelines for DACA. Other individuals may, on a case-by-case basis, request deferred action from USCIS or ICE in certain circumstances, consistent with longstanding practice.

Q78: How will ICE and USCIS handle cases involving individuals who do not satisfy the guidelines of this process but believe they may otherwise warrant an exercise of prosecutorial discretion? A78: If we find that you do not satisfy the DACA guidelines at 8 CFR 236.22(b) or otherwise determines you do not warrant a favorable exercise of prosecutorial discretion, then we will decline to defer action in your case. If you are currently in removal proceedings, have a final order, or have a voluntary departure order, you may then request ICE consider whether to exercise prosecutorial discretion. Guidance on requests to ICE for prosecutorial discretion is available at ICE’s Prosecutorial Discretion webpage .

Q79: How should I fill out question 9 on Form I-765, Application for Employment Authorization? A79. When you are filing a Form I-765 as part of a DACA request, question 9 is asking you to list those Social Security numbers that were officially issued to you by the Social Security Administration.

Q80: Is there supervisory review of decisions by USCIS under this process? A80: Yes. We have implemented a successful supervisory review process to ensure a consistent process for considering requests for DACA under 8 CFR 236.21-236.25.

Q81: Do USCIS personnel responsible for reviewing requests for DACA receive special training? A81: Yes. USCIS personnel responsible for considering requests for consideration of DACA have received special training.

Q82: Must attorneys and accredited representatives who provide pro bono services to deferred action requestors at group assistance events file a Form G-28 with USCIS? A82: Under 8 C.F.R. §§ 292.3 and 1003.102, practitioners are required to file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative , when they engage in practice in immigration matters before DHS, either in person or through the preparation or filing of any brief, application, petition, or other document. Under these rules, a practitioner who consistently violates the requirement to file a Form G-28 may be subject to disciplinary sanctions; however, on Feb. 28, 2011, we issued a statement indicating that we do not intend to initiate disciplinary proceedings against practitioners (attorneys and accredited representatives) based solely on the failure to submit a Form G-28 in relation to pro bono services provided at group assistance events. DHS is in the process of issuing a final rule, at which time this matter will be reevaluated.

Q83: When must an individual sign a Form I-821D as a preparer? A83: Anytime someone other than the requestor prepares or helps fill out the Form I-821D, that individual must complete Part 5 of the form.

Q84: If I provide my employee with information regarding their employment to support a request for consideration of DACA, will that information be used for immigration enforcement purposes against me or my company? A84: You may, as you determine appropriate, provide individuals requesting DACA with documentation which verifies their employment. This information will not be shared with ICE for civil immigration enforcement purposes under section 274A of the Immigration and Nationality Act (relating to unlawful employment) unless there is evidence of egregious violations of criminal statutes or widespread abuses.

Q85: Can I request consideration for deferred action under 8 CFR 236.21-236.25 if I live in the Commonwealth of the Northern Mariana Islands (CNMI)? A85: Yes, in certain circumstances. The CNMI is part of the United States for immigration purposes and is not excluded from this process. However, because of the specific guidelines for consideration of DACA, individuals who have been residents of the CNMI are in most cases unlikely to meet the criteria at 8 CFR 236.22(b). You must, among other things, have come to the United States before your 16th birthday and have resided continuously in the United States since June 15, 2007.

Under the Consolidated Natural Resources Act of 2008, the CNMI became part of the United States for purposes of immigration law only on Nov. 28, 2009. Therefore, entry into, or residence in, the CNMI before that date is not entry into, or residence in, the United States for purposes of 8 CFR 236.22(b).

We have used parole authority in a variety of situations in the CNMI to address humanitarian needs on a case-by-case basis since Nov. 28, 2009. If you live in the CNMI and believe that you meet the guidelines for consideration of deferred action under this process, except that your entry or residence to the CNMI took place entirely or in part before Nov. 28, 2009, we are willing to consider your situation on a case-by-case basis for a grant of parole. If this situation applies to you, you should make an appointment  in Saipan to discuss your case with an immigration officer.

Q86: Will USCIS expedite the processing of my pending DACA request? A86: We consider all expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within our sole discretion. Please visit the USCIS Policy Manual Chapter 5 - Requests to Expedite Applications or Petitions for more information and guidance on expedite requests.

Evidence showing the humanitarian need for expediting your DACA request may include, but is not limited to, evidence of loss of employment, disenrollment from an educational program, or medical or health-related emergencies.

We strongly recommend that you submit your DACA renewal requests between 120 and 150 days before your current period of DACA expires to minimize the risk of your DACA lapsing.

Q87: Someone told me if I pay them a fee, they can expedite my DACA request. Is this true? A87: No. While practitioners may charge a fee for preparation of your DACA request, including a request to expedite, an attorney or accredited representative who guarantees faster processing by USCIS if you pay them a fee may be trying to scam you and take your money. Visit our  Avoid Scams  page to learn how you can protect yourself from immigration scams.

Although you may request that USCIS expedite processing of your DACA request, there is no fee to request expedited processing. Make sure you seek information about requests for consideration of DACA from official government sources such as USCIS or DHS. If you are seeking legal advice, visit our  Find Legal Services  page to learn how to choose a licensed attorney or accredited representative.

Q88: Am I required to register with the Selective Service? A88:  Most male persons residing in the United States, who are ages 18 through 25, are required to register with Selective Service. Visit the Selective Service System website for more information.

Q89: How can I tell if an employer is discriminating against me because I am a DACA recipient? A89: An employer may be engaging in discrimination if they:

• Demand that an employee show specific documents or ask for more or different documents than are required to complete  Form I-9, Employment Eligibility Verification , or create an  E-Verify  case; or
• Reject documents from the Lists of Acceptable Documents that reasonably appear to be genuine and relate to the employee, including documentation showing work authorization because it has a future expiration date or because of an employee’s prior unauthorized status.

The Civil Rights Division of the U.S. Department of Justice has an office dedicated to ensuring that employers do not discriminate against individuals who are permitted to work in the United States. These include DACA recipients who have been granted work authorization. If you think your employer may be discriminating against you, contact the Immigrant and Employee Rights Section (IER) at 1-800-255-7688 (TDD for the deaf and hard of hearing: 1-800-237-2515).

For more information about unfair employment practices against DACA recipients, please read IER’s factsheet in  English (PDF)  or  Spanish (PDF) .

For additional resources and information about workers’ rights, visit the Department of Justice Reminders for DACA Recipients and Employers webpage.

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• News & Reports

Everything You Need to Know About Traveling on DACA

Sep 29, 2022.

Navigating travel as a DACA recipient or with a pending DACA application can be challenging. In order to avoid any immigration issues or roadblocks with your application, it’s important to understand travel requirements and restrictions you may face as a DACA recipient. Before you make any domestic or international travel arrangements, we’ve put together some helpful travel information every DACA holder should be aware of.

Domestic Travel Within the U.S.

If you currently live in the U.S. and plan to travel within the country, good news! DACA holders and individuals with pending DACA applications are able to travel domestically with the proper identification documents. Any individual flying domestically in the U.S. must present a valid, government-issued ID that matches the name on their flight reservation. Prior to boarding, travelers are required to present their ID to a Transportation Security Administration (TSA) agent at a security checkpoint in the airport. The TSA agent will review your flight reservation and ID to confirm your identity before you are able to board. The ID you present must be valid (not expired at the time of travel) and must be issued by an official government body. Acceptable IDs include, but are not limited to, a U.S. state-issued driver’s license, driver’s permit, or a passport from your country of nationality.

If you do not have any of the above listed documents, it is possible for DACA holders to present an Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS) as a secondary form of identification. For more information on domestic travel in the U.S. and how to prepare for your flight, check out the TSA’s official travel guide .

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Navigating REAL ID Requirements

If you’ve applied for a new identification card recently or you’re a frequent traveler, you may have heard of “REAL ID”, a new security standard for government-issued documentation. Th e Department of Homeland Security (DHS) recently announced it would extend the enforcement of REAL ID-compliant documents to May 7, 2025. Beginning on May 7, 2025, all individuals 18 years old and older must obtain a REAL ID-compliant document in order to fly within the U.S. REAL ID-compliant driver’s licenses are now marked with a star icon at the top of the card. In addition to state-issued driver’s licenses, several other documents are considered REAL ID-compliant at this time. See a full list of acceptable identification documents that satisfy REAL ID requirements here .

DACA recipients can generally obtain a REAL ID at their state’s Department of Motor Vehicles (DMV). More information on how to apply can be found in Boundless’ REAL ID guide .

It is important to note that for DACA holders, a current EAD alone is also considered REAL ID-compliant and can be presented for domestic flights within the U.S. Individuals that do not have a valid EAD, or are unable to obtain a REAL ID prior to May 2025 when enforcement goes into effect, will need to use a passport from their country of nationality to travel.

To learn more about REAL ID requirements by state, including where to obtain an updated driver’s license, visit the REAL ID website and click your state on the map.

International Travel Considerations

While domestic travel within the U.S. is generally possible for all DACA holders, international travel may be more difficult depending on your specific immigration circumstances. In general, DACA holders are not able to travel outside of the U.S. without specific travel authorization issued by the U.S. government (otherwise known as Advance Parole ). Even for those who obtain an Advance Parole travel document, international travel is restricted and permissible only for certain reasons. For more information on applying for the Advance Parole document, and navigating international travel as a DACA recipient, check out Boundless’ DACA guide .

Want more information on DACA? Get all of your questions answered in Boundless’ DACA guide.

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Home » Blog » Traveling Abroad with Advance Parole for DACA

Traveling Abroad with Advance Parole for DACA

December 28, 2023 Humanitarian Travel Documents

Individuals who have been granted Deferred Action for Childhood Arrivals (DACA), may also have the opportunity to travel abroad. DACA does not automatically provide travel authorization. Beneficiaries must request special permission. The travel purposes are limited in scope, and travel must be authorized before departure through what is known as advance parole for DACA.

Who is eligible to apply for a DACA-based advance parole document? How do I request advance parole for DACA? What can I do if I have a travel emergency? How can advance parole help me apply for a green card? Is it safe to travel abroad with DACA? How does the AP travel document work? How does CitizenPath help?

Advance Parole makes it possible to travel outside the United States and return without losing DACA status. It’s not available to everyone and for all travel reasons. Therefore, it’s important to understand the eligibility criteria and how to prepare the application for advance parole correctly.

Eligibility for Advance Parole as a DACA Recipient

Persons with DACA can’t travel for any reason. Unfortunately, traveling to a home country for vacation, to reconnect with family or for a friend’s wedding are not valid reasons to obtain advance parole with DACA. However, it may be possible to travel for humanitarian, educational, or employment reasons.

Before applying for an advance parole travel document, an individual must apply for and receive a DACA approval. In fact, an individual is disqualified from DACA if they depart the United States at any time after August 15, 2012, unless they are first granted both DACA and advance parole. According to USCIS , advance parole for DACA will generally be granted for the following reasons:

• Humanitarian Humanitarian purposes related to “travel for emergent, compelling, or sympathetic circumstances.” This category includes obtaining medical assistance, attending a funeral service for a family member, visiting a sick relative, or other urgent family-related purposes.
• Educational Educational purposes include study-abroad programs and academic research.
• Employment Employment purposes include overseas assignments or client meetings, interviews, conferences, trainings in other countries, and travel needed to pursue a job with a foreign employer in the United States.

Documentation to support your reason will be required in the advance parole application (covered in the next section).

The USCIS DACA National Standard Operating Procedures Manual provides that the humanitarian, educational, and employment categories “are to be construed broadly.” USCIS approves advance parole on a case-by-case basis. Therefore, there may be additional valid reasons for travel.

Before even applying, DACA recipients who are interested in advance parole should speak with an immigration attorney to get an individualize assessment about risks associated with leaving the United States.

DACA Green Card through Marriage

How to request advance parole for daca.

Applicants use Form I-131, Application for Travel Document , to request advance parole. When preparing the application package, DACA recipients should include the following items:

• Prepared and signed Form I-131, Application for Travel Document
• Copy of a photo identity document (with photo, name and date of birth) such as an Employment Authorization Card (work permit) or driver’s license
• Proof that you have been approved for DACA (Form I-797)
• Two identical passport-style color photographs
• USCIS filing fee ($575)

In addition to preparing the form, application packages should provide as much evidence as possible to justify the purpose of stated travel abroad.

Evidence for Trips with Humanitarian Reasons

When submitting a DACA advance parole request for a trip involving a humanitarian purpose, proper evidence includes but is not limited to the following:

• A letter from a medical professional explaining the reason for the need to travel abroad to obtain medical treatment;
• A letter from a hospital or treating medical professional explaining the relative’s ill condition; and
• A death certificate for a deceased relative

Evidence for Trips with Educational Reasons

For a trip involving an educational purpose, evidence includes but is not limited to the following:

• A letter from an educational institution explaining the purpose of travel abroad; and
• A document showing enrollment in a program or class and documents showing the applicant is required to travel for a program or class or will benefit from such travel.

Evidence for Trips with Employment Reasons

For a trip involving an employment purpose, appropriate evidence includes but is not limited to the following:

• A letter from an employer explaining the need to travel abroad; and
• A document showing an employment need, such as a conference or training program, and showing the applicant’s participation.

The applicant should provide a statement, also known as a declaration, to clarify the purpose of the travel request. A declaration is not a substitute for the evidence above. However, it can help support a request for the AP travel document.

You may use a single Form I-131 to request multiple trips. However, the recipient must show that each trip is intended to serve a humanitarian, employment, or educational purpose and explain why the DACA recipient needs to travel multiple times.

Urgent Travel Requests

Generally, it takes USCIS a few months to approve a DACA advance parole document. Therefore, plan your trip accordingly. This could be problematic if you’re traveling for “urgent” humanitarian reasons. For the most part, USCIS does not grant expedited requests for advance parole for DACA recipients. However, in a dire emergency, USCIS may consider an expedited request at a local USCIS office. If you are preparing your advance parole application through CitizenPath , we can also provide special instructions for expedited requests.

Adjusting Status to Permanent Resident with Help from Advance Parole Entry

Advance parole doesn't provide eligibility for a green card or permanent status. But it does remove an obstacle for many individuals with DACA who have the opportunity to apply for a green card.

In order to apply for a green card inside the United States through the adjustment of status process, the applicant must have a lawful entry. Even if the applicant entered legally many years ago and that visa expired, it still counts as a lawful entry. However, many DACA recipients did not have a lawful entry. They were brought in to the U.S. by parents who entered without inspection. In other words, they didn't enter through an official port of entry and were not inspected by an immigration official. This is a major obstacle for many undocumented immigrants who later have an opportunity to apply for a green card.

Risks of Traveling on Advance Parole

Even with a grant of DACA and an advance parole document, there are some risks associated with traveling abroad.

DHS always reserves the right to revoke or terminate an advance parole document. The individual traveling is also subject to inspection by a Customs and Border Protection (CBP) officer at the time of seeking parole into the United States. DACA recipients traveling with the travel document should be aware of these facts – and of any risks presented in their cases – prior to traveling abroad.

It is important to know if you have any special risks in your case. Some of the reasons to contact an immigration attorney before requesting DACA advance parole with Form I-131 include that you have:

• Ever been arrested or convicted of a crime;
• Ever been in immigration court proceedings;
• A current DACA grant that will expire during your intended travel dates;
• Ever been detained or refused entry at the border; or
• Ever left the United States after August 15, 2012, without being granted DACA and Advance Parole.

Using an AP Travel Document

Known formally as Form I-512L, Authorization for Parole of an Alien into the United States, USCIS prints the advance parole document on a standard, letter-size piece of paper.

Upon receiving the document from USCIS, review it to confirm all of the information is correct. An advance parole travel document will also include the last day that you may use it to re-enter the U.S. Be sure that your travel is complete and that you return before this date.

Take the original advance parole document with you when you leave the United States. You’ll need to present it before getting on a plane, ship, bus, or train headed back to the U.S. and to the Customs and Border Protection officer when you arrive.

5 Paths to Legal Status for Undocumented Immigrants

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As A DACA Beneficiary, I’ve Been Waiting For This Trip To Mexico All My Life

I t kinda all started with an Instagram post.

My friend José Muñoz began to post about his trip to Mexico. The cute boats in Xochimilco, the iconic Pirámides de Teotihuacan, a video of a gay bar playing the pop divas. I was floored, but excited for José, who is undocumented and a DACA beneficiary. He was back in the place where he was born after having left at three months old. There he was in Mexico City and Jalisco as an openly gay 31-year-old experiencing joy — Brown queer joy.

I wanted to feel the same emotion in my country of origin, too.

But here’s the thing: as DACA recipients, we cannot go back “home” whenever we want. Our status in this country allows us to have a work permit, get a social security number and a driver’s license. We cannot vote, we cannot work certain government jobs and we definitely cannot leave the country as we please.

The rollercoaster of DACA

I’ve been a DACA recipient since 2012, when the President Barack Obama-era program began taking applications.

It was a huge sigh of relief for many folks then, allowing people to go to school, secure good jobs. But a decade has gone by and nothing has changed. The program is actually at a halt.

When Donald Trump became president, he wanted to end it and it went through all sorts of legal battles, reaching the Supreme Court. It was a very nervous time for us and our families. Eventually, the Supreme Court ruled 5-4 in favor of DACA beneficiaries.

But in July 2021, a United States District Court in Texas ruled against DACA , which essentially stopped the program and denied granting new applications to first-time applicants.

Bills have been introduced to provide a pathway to citizenship for DACA recipients and other undocumented folks throughout the years, but they all have failed. Nada.

By the way, I want to note that I’m not alone here. As of September 2022, there were over 168,000 DACA beneficiaries in California, according to the Migration Policy Institute . More than 800,000 of us live across the United States.

If you live in L.A, you likely know someone who has DACA. We’re everywhere — creating small businesses, working at hospitals, teaching or going to school, and writing and editing news coverage.

Advance parole to leave and *hopefully* come back into the U.S.

The way José left the U.S. (and eventually came back in) was through this travel permit called advance parole . It allows certain non-residents to leave the country and re-enter during a certain amount of time for specific reasons — educational, family emergencies and business. You apply with the United States Citizenship and Immigration Services and send them a check with your request.

If you’re a DACA recipient or have a loved one who is, please consult with an immigration lawyer before making any decisions. Every case is unique and the help of a professional is highly encouraged. 

Additional resources:

• The California-Mexico Studies Center
• United We Dream

But even the permit doesn’t guarantee re-entry to the country, so it’s a big decision if you do travel outside the U.S. Another “what if.”

I remember calling up José after he arrived back in Washington, D.C., and asked him straight up, “Girl, were you scared?” We had a long conversation about what the trip meant to him, his reconnection to Mexico and finding himself in a foreign place that’s his tierra, his roots.

“Do it — now is the time,” José urged me.

I began to do my research. I Googled, looked up what other DACA folks were sharing, and I spoke to other people who had done the process. Eventually, I mustered up the courage to call immigration attorneys right before the summer of 2022. (By the way, not all immigration attorneys will take your case so I shopped around.)

Not going to lie, it’s daunting even working with a lawyer. There’s a lot of documentation you need to gather and information you have to access, depending on the circumstances you’re filing.

Bye, L.A. Hello, Mexico

But it happened. I got approved in early February to leave the country and visit family in Veracruz.

The letter came without warning: “This document authorizes a single departure from the United States on or after…”

The visit to my “home country” that I had been waiting for all my life is happening — actually currently as I type this. I’ll get to visit my abuelas, see where I grew up for my first two years and get those chilaquiles I’ve always dreamed of.

Maybe I’ll get a whiff of the same minty, earthy smell my abuela carried in her sweater when she arrived at LAX during her visits. I would always tell her, “Hueles a México,” and hug her to take it in. She would always laugh.

“Pues tú eres de allá, nadie te lo va quitar,” she’d remind me.

“You’re from there, no one can take that away from you.”

I’m excited to find what she’s talking about in Mexico. My cousins are eager to meet me, some for the first time. My friends joke that I will “eat, pray, love” during my stay there.

I kind of just want to connect with my roots, or discover them, hug my grandma and maybe find a part of myself that's been silent.

I'll report back when I do.

Listen to the How to LA podcast for a deeper discussion about what it's like to live in limbo with DACA, and what a trip "home" means to so many in this situation.

Dreamers’ Study Abroad Program Allows DACA Recipients to Visit Mexico

November 4, 2021 | by Jessie Raymond

News Stories

Fueled by a lifelong passion to advocate for underrepresented populations, Luz Vazquez-Ramos MPAIEM ’17 has created a unique opportunity for DACA recipients to visit their country of origin.  

A Long Beach, California, native who earned her bachelor’s in Chicano Latino studies at California State University, Long Beach , Vazquez-Ramos spent a year and a half in the Peace Corps in El Salvador before enrolling at the Institute. With an interest in administration and nonprofits, she chose the MPA and International Education Management programs. “I wanted to be more involved in how to get students of color in the United States to go abroad,” she says. “That was my main focus.” 

The lack of diversity in international education has always stood out to Vazquez-Ramos—even at the Institute. “I remember my first International Education Management introduction class. Everybody stood up and introduced themselves, and everybody just talked about all these countries they’d been to, and it was beautiful, but at the same time I felt myself feeling smaller and smaller and smaller,” she says. “So when it was my turn, I just said that I was from California, I’d been in the Peace Corps, and that my goal was to make sure that this room had more people that looked like me in it.”

For her fifth-semester practicum Vazquez-Ramos created a one-time DACA study abroad opportunity through the nonprofit California-Mexico Studies Center (CMSC) in Long Beach. DACA, or Deferred Action for Childhood Arrival, is a program enacted in 2012 that provides work authorization and relief from deportation for those who were brought to America as children. Her practicum became a pilot program for the Dreamers’ Study Abroad Program at CMSC, where Vazquez-Ramos is now special programs and operations director.

DACA recipients in the Dreamers’ Study Abroad Program must apply to U.S. Citizenship and Immigration Services (USCIS) for advance parole, which allows undocumented individuals to travel outside the U.S. and—more importantly—to return legally. “Their crime on record is that they entered the U.S. without inspection and they were minors when they did it,” Vazquez-Ramos says. Reentering legally with advance parole allows them to take steps to readjust their immigration status; that is, to apply for legal permanent residency. She adds, “It’s a brain drain if we don’t work on this, because we’ve educated all these folks. They’re American.”

DACA Rescinded

Securing advance parole is a slow process. Still, from 2015 to 2017, the program took six cohorts of students, about 160 in total, to Mexico. In 2017, however, the Trump administration rescinded DACA, throwing the study abroad program—as well as the futures of hundreds of thousands of DACA recipients—into uncertainty. USCIS stopped responding to applications for advance parole, leaving applicants in limbo and halting the Dreamers’ Study Abroad Program. 

Incoming president Joseph Biden vowed to reinstate DACA, so CMSC, in anticipation of summer 2021 trips, had participants apply yet again for advance parole. But nothing at USCIS changed. To raise pressure on the new administration, CMSC filed a lawsuit arguing the government was denying applicants’ human rights by neither accepting nor rejecting applications. With the threat of the lawsuit, increased media exposure—the story got picked up by the Los Angeles Times —and the help of a U.S. senator, CMSC was able to persuade a USCIS advance parole officer to grant parole to every person who had applied for summer 2021. 

Traveling South of the Border

This summer, implementing strict COVID-19 protocols, CMSC sent five cohorts of about 40 people each on monthlong trips. 

In a typical trip, participants fly from all over the U.S. (and occasionally other countries) for three weeks of independent travel in their country of origin; for most, that is Mexico, but for a few it may be any of several Central or South American countries. “They go with their families, most of them,” Vazquez-Ramos says. “They want to take their kids to where their family was from, or they are a musician and they want to learn more about music in their region.”

The trip ends with a final academic week together as a group at a hotel outside of Mexico City, where participants get to know each other, take field trips, attend lectures, write a 10-page ethnographic research paper on their experience, and process the emotions that the trip may have stirred up. “This week is really for self-care and processing,” Vazqeuz-Ramos said. “Yes, there are academics. Yes, there’s information. But at the end of the day, we want them to feel safe and feel like they can process what they’re going through, because they haven’t even gone home yet to deal with the reverse culture shock.”

The trip can be hard on participants. “With the turmoil from forced migration, many people are going to scenarios that are all over the place emotionally. There are bittersweet moments where they miss family or they’re saying goodbye to somebody at the grave. There are so many different things going on,” Vazquez-Ramos says. 

At the end of that week, the group returns to the U.S. together. To ease the complications at the border, program staff have spent years developing relationships with USCIS and U.S. Customs and Border Patrol. CBP gets a list of all program attendees in advance and assigns agents who are familiar with DACA and advance patrol to process the travel documents. “Everyone returns on the same flight, and they’re part of the same roster, they wear the same T-shirt,” Vazquez-Ramos says. “We’re not leaving without all these folks.”

Increasing Diversity in International Education

Very few colleges focus their study abroad programs on students of color, let alone DACA recipients, and Vazquez-Ramos encourages schools to do more. “Write a disclaimer that you’re not going to be sued if something happens,” she says. “Cover your butt, or do what you need to do. But utilize your institution and resources to help these folks achieve their dreams, because they are filling your campuses and they are doing these things.” 

The Dreamers’ Study Abroad Program works with students at nearly two dozen campuses around the country but doesn’t yet have formal contracts with any U.S. colleges, though interest is always growing, Vazquez-Ramos says. “When we came back with our first groups and we were in the news, we started getting phone calls from offices saying, ‘I have six students, and I want them in your next program.’” 

Though she is making a difference for these DACA recipients, Vazquez-Ramos calls the lack of diversity in the broader U.S. study abroad model “disheartening.”

“The international education world,” she says, “still does not focus on people of color.” 

Vazquez-Ramos will be the keynote speaker at this year’s virtual Human Rights Day conference, hosted by the United Nations Association of the USA, Monterey Chapter, on December 11. She will talk about the value of the Dreamers’ Study Abroad Program, which she says “changes the lives of our participants, as they get closure and a chance to renegotiate their identity, to reconnect with their heritage, their families, and return—with the much-needed opportunity to readjust their legal status in the U.S.”

• International Education Management ,
• Joint MPA/MA in International Education Management ,

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Professor Anne Campbell Helps Shape Future of U.S. International Educational Programs with New Resource

October 28, 2021 | by Jason Warburg

International Education Management professor Anne Campbell’s project for USAID to develop a toolkit for international scholarship programs also informed and enriched her classroom teaching at the Middlebury Institute of International Studies.  

Paying It Forward: Alumnus Creates Work Opportunities for Fellow Alumni in International Education

October 19, 2021 | by Jason Warburg

Middlebury Institute alumnus Kevin Hyunjae Sung MAIEM ’19 came to the United States in search of opportunities and is now helping to create them for fellow international students and MIIS alumni, managing international exchange programs at the University of Nevada, Reno.  

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Is "home" still home after 30 years away?

Lori Lizarraga

Christina Cala

Leah Donnella

Journalist Brian de los Santos pictures in a photo collage with some of his travel documents. Dan Carino/LAist hide caption

Journalist Brian de los Santos pictures in a photo collage with some of his travel documents.

Brian De Los Santos reps Mexico hard . But for the vast majority of his life, that repping has been at a distance. That's because Brian is a recipient of DACA – Deferred Action for Childhood Arrivals. He was born in Veracruz, but moved to the states with his mama when he was just two And while his status under DACA affords him privileges that he wouldn't otherwise have – like the ability to get a driver's license and have a work permit – he has never been able to travel to his home country of Mexico, or anywhere outside the U.S. At least, not if he wanted to come back.

That is until March 2023. At the end of 2022, Brian applied for something called advanced parole – a permit that allows DACA-holders to travel internationally for a limited set of events: work trips, family milestones, funerals. These permits come with a lot of conditions and stipulations, and are only valid for a fixed amount of time.

So when Brian found out that he'd been accepted, he swung into action to make the opportunity of going home a reality. There was a lot he was expecting to get out of it – the chance to explore his country of birth, to hug his abuelita in person and eat her home cooking. What he wasn't expecting was for it to entirely upend his sense of identity and belonging.

Luckily for us, Brian recorded everything during that trip. As a journalist and the host of LAist's How To LA podcast , he wanted to make sure that others got a chance to learn from his experience, too. The result was a three-part series called Finding Home Con DACA. We wanted to talk to him about his experience, what the trip meant to him and to his family, and how it came to redefine his concept of home. The Q&A below has been edited and condensed for clarity – or you can listen to the conversation in this week's episode of the pod .

Lori Lizarraga: I want to start with your decision to take the trip in the first place because the stakes are high. Trying to return to the U.S. after your deadline can mean losing DACA, your driver's license, your work permit, your social security number – potentially the right to return to the life you've built in LA. And even with your Advanced Parole, it's not guaranteed that you'll be allowed back into the United States. But for you, like so many DACA recipients, the chance to visit your country of birth, to see your history and hug your abuelita in person is all worth it. Can you take us through what you were feeling before you left?

Brian De Los Santos: So first, I got a letter from the Department of Homeland Security clearing that I could go to Mexico. And I was like, I've been waiting for this moment all my life . I've always wanted to go back to visit Mexico, my country. And then it became a rush to the finish line — trying to get things in order, getting my hotels, my Airbnbs, figuring out what I'm gonna do with my family, figuring out if I'm able to go with a friend. So I didn't have time to think, until I was literally in the airport about to board the plane to Mexico, and I'm like, oh my goodness .

Throughout your podcast series, you have these wonderful snippets of conversations with your dad. It's clear in those conversations that he is almost as emotional and anxious and excited about you going to Mexico as you are. Were you expecting that when you told him about the trip?

My father actually has a Green Card, so he's able to travel freely throughout the U.S. and the world now. So we're in different statuses as a family: my parents have legal status, my brother's a U.S. citizen, and I have DACA. So the emotions my dad was carrying — I feel like maybe this brought him back to the point where he was first able to go back to visit his home country. And I think as soon as he was able to travel freely, he changed — he is a different person. So I think he was just so happy and worried at the same time for me to travel.

At one moment as I'm talking to my dad before the trip, I'm telling him, "Hey, I'm gonna go alone." And my dad's like, wait, are you sure? You know: You're not really Mexican. People are gonna see you and hear how you talk, and they're gonna notice. But dads are gonna worry – you know, dad's gonna dad!

That question of how Mexican you are came up multiple times. You have this experience at one point where you ask your friend Javi, who was born and raised in Mexico, how he views you. And he says culturally, he perceives you as a gringo. Eventually you start to see things from his perspective, but initially, you really push back on that. Why?

That conversation was such an eyeopener, Lori! Because I was trying to defend myself like, Hey dude, I am undocumented. You don't understand, I am not gringo at all. I represent my community out there in L.A. Like I'm Mexican as f***. I don't feel gringo. And he was just like, "But, culturally, you are." He was kind of shading me, you know? He was spilling the tea and I'm like, girl, I'm not ready for this conversation .

What's funny is that after that conversation, we get to Coyoacán and there are a lot of street vendors there, and of course as I was trying to speak Spanish, people were like, "Oh, where are you from?" And I'm like, "Well I'm from Veracruz, but I live in LA." And they went 're like, "Oh yeah, you can tell." I was just like, oh my God.

Like it's all slapping you in the face in a lot of different ways.

Yes! But it did change the perspective of who I am in the United States now. I really do identify as a pocho . I'd always thought that term was kind of derogatory. But as I leaned into it and I thought about what Javi was saying I was just like, it's true. Even though the papers don't say "U.S. citizen" or "U.S legal resident", I'm a little bit of both and I'm okay with that. It doesn't take away from my experience, which is my own. And I think that's what he was trying to tell me. Like, yo, you are who you are, and there's nothing wrong with that.

In my fantasy world, I would have better Spanish and kind of sound chilango like him, someone from the city. But it's also my truth to have a bit of a broken Spanish, and sound like a pocho, and dress like an American, and like hip hop but also reggaeton. Before, I thought that I had to code switch a lot more and now I'm just like, you know what? It's Spanglish. It is Mexican American. Well, sorry — I don't say that. I don't say that I'm "Mexican American," but I do say I'm Mexican with my roots here in the U.S.

Why — why is that something you specifically don't say?

I feel like I would be kind of erasing my experience of being a Mexican. I think that when someone asks me where I'm from, I like to note that I carry an undocumented experience. I'll say, I was born in Veracruz, Mexico, but I came to the States when I was two and I've lived in L.A. and D.C. and Palm Springs – I kind of just give them that little elevator speech. And if they have questions, they can ask.

And part of it as well, is like, until I get my U.S.citizenship, only then could I maybe say, Mexican American .

That makes sense. Are you the last one in your family who doesn't get to say that you're a citizen – that doesn't get to identify yourself as Mexican American?

I'm the only one. My parents have been legal Green Card holders for a few years now, and are on their way to becoming U.S. citizens. My brother was born here, so he is a U.S. citizen. I'm still with DACA. And that's my immediate family — I do have other family members living in the United States who are undocumented or here with work permits. But in my immediate family, it's just me, and it's interesting. You know, my parents are actually leaving to go to Spain soon, and then they're going to go to Mexico, and so they're going to do these trips that have to do with their work as ministers. And you know, I'm just like, Oh, well, that's beautiful. That's wonderful. Yes, I'll watch your dog mom. (Laughs)

I mean, Brian, does that make you feel angry, ever?

I get angry at the system. I'm never angry or upset at my parents. I'm happy that they're blessed and they're doing what they're doing. But it is unfair, and that gets to me — that there are pathways for other people, and I just haven't been able to score mine. So it is bittersweet to see these experiences, yeah.

Do you hope one day to be able to identify yourself as Mexican-American?

I mean, I want the papers, honey! I feel like this country is mine as much as Mexico is my home country.

How has your understanding of home changed since the trip?

Before traveling, I thought, you know, I'm gonna go to the beach, I'm gonna do cute things in Mexico City and go to gay clubs and then be at home in Vera Cruz. I thought I was going to meet my abuelita and have her home cooking and maybe do touristy things with my cousins. But I didn't think I was gonna come back and be like, "Okay, this is definitely home ." And I think maybe the message here is that I was fortunate enough to go home and feel peace in where I was at and feel like this is part of who I am. Home is Mexico — that is going to be my home as well, just like LA is my home. So home, I think, is really where you have a memory that makes you a fuller human.

• Immigration

DACA Recipients Can Travel Abroad only in Limited Circumstances

DACA (Deferred Action for Childhood Arrivals) status comes with several benefits. DREAMers who receive deferred action status get a two year reprieve from deportation. Along with that they can get renewable work permits. They can also get Social Security cards and driver’s licenses.

The other most important benefit that these DREAMers get is the ability to travel abroad. However, these DREAMers will get into trouble if they travel abroad without permission. To travel abroad legally, a deferred action recipient must get an advance parole document.  To get advance parole, Form I-131, Application for Travel Document , must be filed.

This advance parole document issued by the USCIS grants the holder of this document permission to travel abroad and to return to America, even if the person does not hold a valid visa. To get this document, the deferred action recipient must file an application for a travel document with the USCIS and pay the required form filing fee.

Apart from that, the applicant must establish that he/she seeks to travel abroad for humanitarian, employment or educational purposes. In simple words, a person who has been granted deferred action status can travel abroad only for compelling reasons, he/she cannot travel abroad for vacation.

DREAMers who have filed applications for deferred action status cannot travel abroad while their petitions are pending and cannot file applications for travel documents. If they leave the country while their applications are pending, their request for DACA status will be denied.

However, it is unclear what qualifies as a humanitarian purpose. USCIS now has to clarify whether the deferred action recipients can get travel documents and travel abroad to visit their family members who were deported in the past.

There are many DACA recipients in the United States who have been separated from their family members. They are unable to meet their relatives and parents as they cannot travel abroad. DACA recipients who travel abroad with travel documents also face risks as advance parole does not guarantee readmission into the United States.

These DREAMers who travel abroad and return to the United States will be inspected by immigrants offices at the port of entry. Only after inspection, the DACA recipients who hold advance parole documents will be granted entry into the country.

Activists say that the USCIS must permit the DACA recipients to visit their families. They also want the immigration authorities to ensure that these DREAMers who hold advance parole documents are not denied entry into the country.

Before you continue, please understand that:

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Can DACA Recipients Travel to Mexico? Exploring the Legal and Practical Implications

By Happy Sharer

Introduction

Deferred Action for Childhood Arrivals (DACA) is a program that was established by the Obama administration in 2012 to protect undocumented immigrants who were brought to the United States as children from deportation. The program provides relief from deportation and allows them to work legally in the U.S. While the program does not provide a path to citizenship, it has allowed many young people to remain in the U.S. and pursue their dreams. As a result, many DACA recipients have developed strong ties to the U.S. and may be interested in traveling to Mexico, their country of origin.

Legal Implications for DACA Recipients Traveling to Mexico

Before traveling to Mexico, DACA recipients should understand the legal implications of crossing the border. Mexican immigration laws are different than those of the United States, and it is important to be aware of the potential legal challenges that could arise when attempting to travel to Mexico.

Understanding Mexican Immigration Law

In order to travel to Mexico, DACA recipients must have a valid passport or visa. If they do not have either of these documents, they will need to apply for a temporary visitor’s permit at the nearest Mexican consulate. The application process can take several weeks and requires proof of financial stability, a valid ID, and a criminal background check. It is also important to note that Mexico does not recognize DACA status and thus DACA recipients are treated as any other foreign national.

Examining the Legal Challenges DACA Recipients Face When Attempting to Travel to Mexico

Once DACA recipients arrive in Mexico, they may be subject to additional legal scrutiny. Mexican authorities may deny entry to anyone they suspect is attempting to immigrate illegally. Additionally, if DACA recipients are found to be living in Mexico without proper documentation, they can be arrested and deported. To avoid this, DACA recipients should make sure they are familiar with the applicable laws and regulations before attempting to travel to Mexico.

Practical Considerations for DACA Recipients Traveling to Mexico

In addition to understanding the legal implications of traveling to Mexico, DACA recipients should also consider the practical considerations. Planning ahead and taking the time to research the visa requirements, travel restrictions, and necessary documents can go a long way in ensuring a successful trip.

Researching Visa Requirements

When traveling to Mexico, DACA recipients should research the visa requirements for their particular situation. Different countries have different visa requirements, and it is important to understand what is needed before attempting to enter the country. Additionally, some countries require travelers to obtain a visa prior to arrival, so it is important to check with the appropriate consulate beforehand.

Investigating Travel Restrictions

It is also important to investigate any travel restrictions that may be in place. Mexico has recently implemented a number of restrictions on foreign visitors, including limiting the amount of time visitors can stay in the country and requiring visitors to register their presence with the government. Understanding these restrictions can help ensure a successful trip.

Obtaining Necessary Documents

Finally, DACA recipients should make sure they have all of the necessary documents before attempting to travel to Mexico. This includes a valid passport or visa, proof of financial stability, and a valid ID. Additionally, it is important to make sure that the documents are up-to-date and valid for the duration of the trip.

Planning a Successful Trip to Mexico

Once the legal and practical considerations have been addressed, DACA recipients should begin planning for their trip to Mexico. Creating an itinerary, finding reliable transportation, and making arrangements for accommodations can help ensure a successful trip.

Creating an Itinerary

Creating an itinerary is an important part of planning a successful trip to Mexico. DACA recipients should research the places they would like to visit and create an itinerary that includes the destinations, activities, and estimated costs. This will help them stay organized and maximize their time while in Mexico.

Finding Reliable Transportation

DACA recipients should also research their transportation options. Mexico has a wide range of transportation options, including buses, trains, and rental cars. It is important to research the costs and safety records of each option before deciding which is best for the trip.

Making Arrangements for Accommodations

Finally, DACA recipients should make arrangements for accommodations. Mexico offers a variety of lodging options, ranging from hotels to hostels to Airbnbs. It is important to research each option to find the one that is best suited to their needs and budget.

Benefits of Traveling to Mexico for DACA Recipients

In addition to the practical considerations, there are also numerous benefits for DACA recipients who choose to travel to Mexico. Exploring the culture, developing a sense of identity, and connecting with family members are just a few of the potential benefits.

Exploring the Culture

Traveling to Mexico provides DACA recipients with the opportunity to explore the culture and learn more about their heritage. From the vibrant cities to the stunning beaches, there is something for everyone in Mexico. Exploring the culture can also be a great way to gain a better understanding of the country and its people.

Developing a Sense of Identity

Traveling to Mexico can also help DACA recipients develop a sense of identity. Being able to experience the culture firsthand can help them feel connected to their roots and better understand their place in the world.

Connecting with Family Members

Finally, traveling to Mexico provides DACA recipients with the chance to connect with family members they may not have seen in years. This can be a powerful experience and can help strengthen the bonds between family members.

Traveling to Mexico can be a rewarding experience for DACA recipients, but it is important to understand the legal and practical implications before attempting to cross the border. By researching visa requirements, investigating travel restrictions, obtaining necessary documents, creating an itinerary, finding reliable transportation, and making arrangements for accommodations, DACA recipients can ensure a successful trip to Mexico. Additionally, exploring the culture, developing a sense of identity, and connecting with family members can offer numerous benefits for DACA recipients who choose to travel to Mexico.

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Hi, I'm Happy Sharer and I love sharing interesting and useful knowledge with others. I have a passion for learning and enjoy explaining complex concepts in a simple way.

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Can DACA Recipients Travel? What You Need to Know

Traveling the world is an enriching experience. However, some DACA ( Deferred Action for Childhood Arrivals ) recipients are scared to leave the county for fear of losing their eligibility. There is some good news. DACA recipients can travel but with a few restrictions. Here is what you need to know about traveling as a DACA recipient. 

Can You Travel with DACA within the U.S.?

DACA recipients can travel within the United States . That means DACA recipients can take planes, buses, and boats without issues. They will still need to show the appropriate identification to board these vessels. If any travel requires you to leave the United States, you will need to apply for Advance Parole, which allows you to leave the United States without losing your DACA status. 

In late 2021, the U.S. Citizenship and Immigration Services (USCIS) approved to travel to Puerto Rico and the United States territories without advance parole . DACA recipients could leave the United States and re-enter without losing their status. The USCIS recommends keeping all DACA documentation with the traveler to avoid any problems at the border or other port of entry. 

Related: How Long Does DACA Take To Process? 

Where Can I Travel with DACA?

In the past, leaving the United States often put the status of DACA recipients in jeopardy . Travel was limited to the borders of the United States. With Advance Parole, it is an opportunity for DACA recipients to travel outside of the United States and return legally. To obtain Advance Parole, you need to get Form I-512L. 

Form I-512L is almost similar to a visa. After the official inspects the Advance Parole document, you can re-enter the United States. However, an Advance Parole document is not without any risks. Not every DACA holder is eligible for Advance Parole either. You cannot travel for any reason as a DACA recipient, such as visiting friends and family. These travel reasons must be for a humanitarian reason or one with significant public benefit. 

Some of these reasons include:

• Traveling outside the country to support the federal law enforcement or national security interests of the U.S.
• Traveling to support the wellbeing, safety, or care of an immediate relative, especially a minor child
• Traveling abroad to get some medical treatments that help sustain their lives, especially for treatments that cannot be obtained while in the U.S.

Related: A Complete Guide to DACA 

Can I Use My DACA Card as an I.D.?

Over the next few years, there is a push for all United States citizens to carry a READ ID. Applicants must meet stricter criteria to obtain the identification , and they will be required for domestic flights. Most states allow DACA cards to be used as an I.D., and some even let the holder present it for a REAL ID. But if the DACA has expired, the recipient will need to submit another form of identification. Using a DACA card for an I.D. depends on the specific state, as they set their own requirements for licenses and official identification. 

Do You Need a Passport for DACA?

If you want to travel, you need to have some photo identification . In many cases, the DACA recipient does have a passport from their country of birth. You can travel with a valid, unexpired passport from your country. Before you travel internationally, you need to check the latest information about the program as it can change. For now, DACA recipients can travel with a passport to a foreign country. 

Do DACA Recipients Have Green Cards?

Yes, a DACA recipient can obtain a green card, but only under certain circumstances. If you have entered the United States with Advance Parole or an initial entry on a valid visa, you could qualify for a green card . There are many types of green cards, including employment-based, family-based, and humanitarian. Like most green cards, the applicant must meet specific eligibility requirements to apply and get approval for these statuses. 

Can DACA Recipients Marry a Citizen?

While the definite answer will depend on certain situations and factors, generally, the answer is yes . U.S. citizens are free to marry anyone, including those DACA recipients. The U.S. citizen will not have issues with their residency status, but the spouse will see a change. With the marriage, the DACA recipient might obtain a marriage-based green card. Like most applicants, a few requirements must be met, such as the marriage was made in good faith and not to receive immigration benefits for the DACA holder. 

Related: The Ultimate Guide to the Biometrics Appointment

How Can DACA Recipients Get Citizenship?

The issue of citizenship for DACA recipients has been hotly contested. For most recipients, DACA is not a clear path to citizenship . There are a few steps to take. First, the DACA recipient would need to get a permanent residence or green card to help pave their way to citizenship. The DACA recipient must have entered the United States lawfully with a valid U.S. visa . 

In some cases, you can petition USCIS for an immigration visa if you have an immediate relative with U.S. citizenship. Unfortunately, you cannot get a green card for those who did not enter the country legally . You might be able to meet the lawful entry requirement with Advance Parole. With that, you need to leave the country and re-enter. However, there are risks, and you need approval to travel abroad. 

Once you have a green card for several years, you can apply for naturalization . U.S. veterans can apply after three years, while civilians can apply after five . After the naturalization process, you are considered an official and lawful U.S. citizen. 

DACA holders do face some hurdles when it comes to traveling abroad . While you can get Advance Parole, you can travel abroad for specific circumstances. DACA is a complicated status, and you should always speak to an attorney before leaving the country. 

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Can DACA Recipients Become U.S. Citizens?

In 2012 President Obama passed an Executive Order that launched the Deferred Action for Childhood Arrivals (DACA) program for millions of undocumented youth in the United States called Dreamers. DACA provides protection from deportation for eligible Dreamers, but it doesn't provide a pathway to long-term lawful permanent residence in the United States. Over the years, lawmakers have proposed many different laws to grant Dreamers a clear path to permanent residence and eventual citizenship, but none have passed yet. Still, it may be possible for some DACA recipients to get green cards and then naturalize as American citizens. This article explains the barriers to citizenship for DACA recipients and discusses the conditions under which some DACA recipients could get green cards and later naturalize.

Written by Jonathan Petts .  Updated October 2, 2022

Why Can't DACA Recipients Apply for Citizenship?

Deferred Action for Childhood Arrivals (DACA) recipients have access to important benefits such as employment authorization and protection from deportation. DACA recipients can submit DACA renewals every two years to keep their work authorization (work permit) and the ability to remain in the country. But people with DACA status don’t yet have a direct path to citizenship in U.S. immigration law. 

DREAM Act Reform

Congress has debated immigration reform, including multiple drafts of the Development, Relief, and Education for Alien Minors (DREAM) Act, several times over the last two decades. In the bill proposal, the Act would protect people in Temporary Protected Status (TPS) and would give Dreamers eligibility for permanent resident status. Permanent resident Dreamers could then apply for lawful immigration status for their undocumented family members. The Act would also provide a pathway to citizenship.

The bill has passed in the House of Representatives several times, but never in the Senate. The House of Representatives has approved the most recent  2021 DREAM and Promise Act . Now, it is up to the Senate to decide on the Act. President Biden has said he supports the Act, but the administration has yet to make headway to pave the way for DACA recipients’ citizenship.

Still, if a DACA recipient can manage to get permanent residence, they may be able to pave their way to citizenship. An example would be getting a green card through marriage .

How Can DACA Recipients Become Permanent Residents?

Some Deferred Action for Childhood Arrivals (DACA) recipients may be able to apply for permanent resident legal status.

If you’re a DACA recipient who entered the country lawfully — that is, with a valid U.S. visa — then you satisfy the lawful entry requirement for a green card. You may be able to petition U.S. Citizenship and Immigration Services (USCIS) for an immigrant visa if you have an immediate relative like a  spouse  with U.S. citizenship or lawful permanent residence.

If you’ve entered the country lawfully, you can apply for a green card from within the United States. You can apply for the green card even if you have some unlawful presence. For example, if you spent time in the United States without a valid legal status. 

What if You Entered the U.S. Without a Valid Visa?

Many people entered the United States unlawfully, without a valid immigrant visa. In this case, you don’t yet meet the legal entry requirement. But you can meet the lawful entry requirement through  Advance Parole .

Advance Parole travel documents allow DACA recipients to travel abroad and lawfully re-enter the U.S. when they return. Once you have lawfully re-entered the country, you may become eligible to apply for a green card. Still, if you haven’t yet entered the country lawfully, you’ll have to  apply from your country of birth , usually after waiting out a three or 10-year re-entry bar if you don’t file an unlawful presence waiver with a lawyer’s help.

When Can You Naturalize After You Have a Green Card?

If you hold a green card for several years, you can eventually  apply for naturalization  to become a U.S. citizen. U.S. veterans can naturalize after three years. Non-veterans qualify for naturalization after five years of being a lawful permanent resident.

Once you are naturalized, you are a lawful U.S. citizen. Naturalization allows you to vote in U.S. elections, enter and exit the United States for travel, and apply to get green cards for your eligible family members. The process takes about 7-15 months and will cost $725.

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DACA recipients will now be eligible for federal health care coverage under new Biden rule

More than 100,000 young immigrants protected by the Deferred Action for Childhood Arrivals program will soon become eligible to receive federal health care coverage for the first time since DACA was implemented over a decade ago.

The Biden administration will announce a new federal rule Friday allowing DACA recipients to enroll in a qualified health plan through the Affordable Care Act insurance marketplace or become eligible for coverage through a basic health program.

An estimated 580,000 young adults who lack legal immigration status and have lived in the U.S. since they were children are currently working or studying without fear of deportation under DACA. An  overwhelming majority of DACA recipients were born in Mexico  and other Latin American countries.

Even though the program has helped them access better-paying jobs and educational opportunities since it was first implemented in 2012, DACA beneficiaries had been barred from accessing federally funded health insurance despite contributing billions in federal taxes , pouring funds into the nation’s federal health insurance system for years.

While many DACA recipients get health insurance through their jobs, more than a quarter are estimated to currently be uninsured.

By implementing a federal rule expanding the definition of “lawful presence” to include DACA recipients, they are “no longer excluded from receiving coverage from a quality health plan and financial assistance as well,” Health and Human Services Secretary Xavier Becerra told reporters in a press call Thursday.

The U.S. Department of Health and Human Services estimates that over 100,000 young immigrants who lack health insurance will now have a shot at accessing affordable health care.

“DACA recipients are currently three times more likely to be uninsured than the general U.S. population, and individuals without health insurance are less likely to receive preventative or routine health screenings. They delay necessary medical care, and they incur higher costs and debts when they do finally see care,” Becerra said, adding the new expansion “will improve their health and will strengthen the health and well-being of our nation.”

The new federal rule does not make DACA recipients eligible for the Medicaid program, according to senior administration officials, but gives them coverage through the Affordable Care Act and its marketplaces and financial assistance programs.

The announced rule is expected to go into effect Nov. 1, which coincides with the Affordable Care Act’s open enrollment period for 2025 health insurance plans, allowing newly eligible DACA recipients to have access to federal health care as early as December, according to HHS.

Friday’s announcement comes about a year after President Joe Biden first announced his administration’s plan to expand health care coverage to DACA recipients . The administration’s original plan aimed to implement the federal rule by November 2023.

Senior administration officials declined to comment this week on why the implementation of the rule was delayed.

However, White House domestic policy adviser Neera Tanden stressed that “the president will continue to fight” for DACA recipients, adding that “only Congress can provide them permanent status and a pathway to citizenship.”

While the program has been around for a decade, it faced legal challenges during the Trump administration and from Republican-led states . DACA has been closed to new registrants since July 2021 as lawsuits challenging the program continue making their way through the courts .

For more from NBC Latino,  sign up for our weekly newsletter .

Nicole Acevedo is a reporter for NBC News Digital. She reports, writes and produces stories for NBC Latino and NBCNews.com.

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Fact Sheet: Biden- ⁠ Harris Administration Expands Health Coverage to DACA   Recipients

President Biden Announces Final Rule that will Allow Eligible DACA Recipients to Enroll in Affordable Care Act Coverage

Today, the Biden-Harris Administration is expanding access to affordable, quality health care coverage to Deferred Action for Childhood Arrivals (DACA) recipients.  In 2012, President Obama and then Vice President Biden created the DACA policy to transform the lives of eligible Dreamers – young people who came to this country as children—allowing them to live and work lawfully in our country.  Over the last decade, DACA has brought stability, possibility, and progress to hundreds of thousands of Dreamers.    While President Biden continues to call on Congress to provide a pathway to citizenship to Dreamers and others, he is committed to protecting and preserving DACA and providing Dreamers with the opportunities and support they need to succeed, including access to affordable, quality health care coverage.  Thanks to the Biden-Harris Administration’s actions, today’s final rule will remove the prohibition on DACA recipients’ eligibility for Affordable Care Act coverage for the first time, and is projected to help more than 100,000 young people gain health insurance.  Starting in November, DACA recipients can apply for coverage through HealthCare.gov and state-based marketplaces, where they may qualify for financial assistance to help them purchase quality health insurance. Four out of five consumers have found a plan for less than $10 a month, with millions saving an average of about $800 a year on their premiums.   President Biden and Vice President Harris believe that health care should be a right, not a privilege. Together, they promised to protect and strengthen the Affordable Care Act, lowering costs and expanding coverage so that every American has the peace of mind that health insurance brings.  Today’s final rule delivers on the President’s commitment by giving DACA recipients that same peace and opportunity.     Today’s rule also reinforces the President’s enduring commitment to DACA recipients and Dreamers, who contribute daily to the strength and vitality of our communities and our country.  On day one of his Administration, President Biden committed to preserving and fortifying the DACA policy.  While only Congress can provide Dreamers permanent status and a pathway to citizenship, the Biden-Harris Administration has continued to vigorously defend DACA against ongoing legal challenges and strengthened DACA by codifying the 2012 policy in a final rule.   

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Obamacare for 'Dreamers': Biden expands access to affordable healthcare for DACA recipients

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Beneficiaries of the Deferred Action for Childhood Arrivals, commonly known as DACA, will now be eligible for health coverage and financial assistance under the Affordable Care Act, granting about 100,000 undocumented immigrants the chance to enroll in health care coverage through the federal health insurance marketplace.

The new rule, announced Friday by the Biden administration, will help streamline administrative and verification processes, promoting greater clarity and transparency, according to a statement from the White House.

"Nearly twelve years ago, President Obama and I announced the DACA program to allow our young people to live and work in the only country they’ve called home," President Joe Biden said in his statement on the new rule. "I’m proud of the contributions of Dreamers to our country and committed to providing Dreamers the support they need to succeed."

DACA recipients, commonly known as "Dreamers," will be able to apply for coverage starting in November through the HealthCare.gov website and through state marketplaces, where they may qualify for financial assistance when purchasing health insurance coverage.

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Immigrants 'deserve access to these resources'

More than one-third of DACA recipients currently do not have health insurance, and limits on healthcare access have significant impacts on the health of hundreds of thousands of Dreamers.

Mario Montoya, research analyst and coalition consultant for the Arizona-based Aliento organization, has experienced concerns about the cost of going to the doctor and the impact this can have on his health.

"I've been in that situation before, needing a simple checkup or physical exam and not having insurance or the availability of services at a lower cost," Montoya said in an interview with La Voz Arizona/The Arizona Republic. "(The new rule) benefits me personally."

As a DACA recipient, Montoya said he was excited about the implications this rule will have for the health of many people in his situation across Arizona and the country.

As of March 2024, the United States Citizenship and Immigration Services reported more than 530,000 active DACA recipients , of which approximately 4%, or just over 20,000 people, were located in Arizona, according to the Migration Policy Institute. The majority of DACA recipients are from Mexico.

Aliento is a local organization that seeks to improve the well-being of those impacted by the inequalities of not having legal immigration status in the United States.

“This is a step in the right direction, and I am glad to see that many people will now have access to affordable health care,” Montoya said. However, the battle does not end here, he said.

When this measure was initially introduced in April 2023, it sought to extend the Affordable Care Act to include DACA recipients and the scope of Medicaid and the Children's Health Insurance Program, which was not successful.

“(Undocumented immigrants) have been living here for a long time, paying taxes, and they are part of the working population that is essential to our community,” Montoya said. “They deserve access to these resources to care for their well-being.”

Nearly 1 million DACA recipients since 2012

According to USCIS, more than 832,000 young immigrants have benefited from this program since its inception. Beneficiaries of the protections provided by DACA have received work permits and the ability to go to school and build their lives without the constant threat of deportation.

A survey by the Center for American Progress estimates that 254,000 children born in the U.S. have a parent who is a DACA recipient , and 1.5 million people live with a DACA recipient. From these mixed-status families, the government receives more than $5 billion in federal taxes and $3 billion in state and local taxes. Additionally, these households have a combined $24 billion in purchasing power.

The benefits to Dreamers have allowed a significant sector of the population in this country to advance in educational and professional terms. Still, the program has not lived up to its original promise: citizenship.

The DACA program began in 2012 through an executive order signed by President Barack Obama to protect young immigrants who came to the United States as children from deportation. Despite efforts over the past decade to create permanent solutions and provide a path to citizenship, this has yet to happen.

In 2018, former President Donald Trump announced the decision to rescind DACA. Since then, the status of the program has been renewed but its future remains uncertain, and with it, the benefits currently offered to Dreamers.

Reach La Voz reporter Silvia Solis at [email protected] .

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Immigrants With DACA Protections Will Be Eligible for Obamacare

Thousands of immigrants in the Deferred Action for Childhood Arrivals program could obtain federal health coverage this year under a new rule.

By Hamed Aleaziz

Tens of thousands of people who were brought to the United States illegally as children will be able to obtain health care through the Affordable Care Act under a new federal rule, U.S. officials said on Friday.

The new eligibility applies to people in the Deferred Action for Childhood Arrivals program, known as Dreamers, who are protected from deportation and allowed to work legally in the United States. More than 500,000 of them have DACA protections but are ineligible for benefits such as federal health insurance programs.

A rule published by the Health and Human Services Department changes that, granting those immigrants access to health coverage and subsidies under the Affordable Care Act starting in November.

“I’m proud of the contributions of Dreamers to our country and committed to providing Dreamers the support they need to succeed,” President Biden said in a statement on Friday.

“And that’s why today we are taking this historic step to ensure that DACA recipients have the same access to health care through the Affordable Care Act as their neighbors,” he added.

U.S. officials estimate that about 100,000 uninsured people could obtain health insurance as a result.

The Biden administration’s move to expand protections for younger undocumented immigrants comes as it faces increased pressure to tighten border restrictions and after years of legal challenges to DACA.

The Trump administration tried to gut the program, but the Supreme Court stopped the effort in 2020 while leaving DACA’s future in doubt. In 2021, a federal judge in Texas ruled that the government could no longer grant protections to new applicants. Immigrants who were already in the program were able to keep their protections and renew them.

As litigation over DACA continues , its fate is expected to eventually be in front of the Supreme Court again.

Immigrant advocates and others who have long pushed for the change celebrated the announcement on Friday.

Representative Joaquin Castro, Democrat of Texas, said the eligibility was a long time coming.

“Over the last 12 years, DACA has allowed hundreds of thousands of first-generation Americans to graduate from college, join the work force and chase their American dreams in the only country many of them have ever known,” he said in a statement. “Throughout that time, these young Americans have been asked to work and pay taxes to support a system of affordable health care that excluded them. Today’s announcement is an important step forward to right that wrong.”

Hamed Aleaziz covers the Department of Homeland Security and immigration policy. More about Hamed Aleaziz

You asked: Do I need a passport for my cruise?

By The Way Concierge digs into the (surprisingly) complicated rules for travel by sea.

Traveling has always come with complications. Our By The Way Concierge column will take your travel dilemmas to the experts to help you navigate the unexpected. Want to see your question answered? Submit it here .

We’re going on a very short cruise from California to Mexico this spring. Do we need passports for our kids, even if we don’t get off the ship? — Ben, Springfield, Va.

There’s a difference between what you need and what is a good idea to have.

Let’s begin with the first: On most cruise lines and for most itineraries, a voyage that starts and ends at the same U.S. port and stays in the Western Hemisphere will not require any American citizen — child or adult — to have a passport.

These are called closed-loop cruises, and they only need proof of citizenship, such as a birth certificate plus a government-issued photo ID, according to U.S. Customs and Border Protection . For people under 16, a birth certificate will suffice. Popular cruise lines including Carnival , Royal Caribbean and Norwegian detail their requirements and any exceptions online.

A sailing that leaves from one U.S. port and ends at another — or starts in the United States and ends at a foreign destination — would not be classified as a closed-loop cruise. Everyone, including kids, would need a passport in that case.

There are some caveats, warns Teresa Tennant, senior vice president of the travel planning company Cruise Specialists . Some cruise companies, including Holland America Line and Princess Cruises , say that all members of a party must have a passport if minors are traveling with only one adult.

Some other cruise lines, such as the luxury Regent Seven Seas Cruises, require a passport for all sailings.

“It’s important to always check with the cruise line, because they can set their own rules that are actually above and beyond,” Tennant said.

Customs and Border Protection also urges travelers to check with their cruise company, travel agent and destination to confirm what’s required to enter foreign countries on an itinerary.

Whether or not you are required to have a passport, cruise lines and experts say it’s smart to have one before setting sail. The task isn’t quite as onerous as it used to be, now that wait times have returned to pre-pandemic norms of six to eight weeks for routine service and two to three weeks for the expedited process.

Cruise lines say they strongly recommend that passengers opt for the passport over other forms of identification.

“A passport is the hassle-free, gold standard for traveling between countries,” Royal Caribbean says on its website. “Boarding and disembarking through customs with a passport is usually faster than other types of ID documents.”

The U.S. State Department says travelers might need their passport “in the event of an unexpected medical evacuation or if the ship docks at an alternate port.” Travelers would also need their passports if they showed up late in a foreign port and the ship left without them — which has happened to some U.S. passengers recently.

“You should bring your passport even if your cruise says you won’t need it,” the State Department says on its information page for cruise ship passengers.

Colleen McDaniel, editor in chief of the news and review site Cruise Critic , said in an email that it would be much more difficult to get home without a passport if someone had to leave the ship.

“In such a case, you might have to rely on help from a U.S. embassy or consulate to return, which can take time,” she said.

Have a travel dilemma for By The Way Concierge? Send it to us here .

More travel tips

Vacation planning: Start with a strategy to maximize days off by taking PTO around holidays. Experts recommend taking multiple short trips for peak happiness . Want to take an ambitious trip? Here are 12 destinations to try this year — without crowds.

Cheap flights: Follow our best advice for scoring low airfare , including setting flight price alerts and subscribing to deal newsletters. If you’re set on an expensive getaway, here’s a plan to save up without straining your credit limit.

Airport chaos: We’ve got advice for every scenario , from canceled flights to lost luggage . Stuck at the rental car counter? These tips can speed up the process. And following these 52 rules of flying should make the experience better for everyone.

Expert advice: Our By The Way Concierge solves readers’ dilemmas , including whether it’s okay to ditch a partner at security, or what happens if you get caught flying with weed . Submit your question here . Or you could look to the gurus: Lonely Planet and Rick Steves .

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Israel called on civilians to evacuate parts of Rafah on Monday in what appeared to be preparation for a long-threatened assault on Hamas holdouts in the southern Gaza Strip city where more than a million war-displaced Palestinians have been sheltering.

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Biden-Harris Administration Finalizes Policies to Increase Access to Health Coverage for DACA Recipients

As part of the Biden-Harris Administration’s ongoing commitment to ensuring affordable, quality health care for all, the U.S. Department of Health and Human Services, through the Centers for Medicare & Medicaid Services (CMS), finalized a rule that will expand access to health care for Deferred Action for Childhood Arrivals (DACA) recipients. Today’s rule ensures DACA recipients will no longer be excluded from eligibility to enroll in a Qualified Health Plan (QHP) through the Affordable Care Act (ACA) Health Insurance Marketplace, or for coverage through a Basic Health Program (BHP). CMS estimates that this rule could lead to 100,000 previously uninsured DACA recipients enrolling in health coverage through Marketplaces or a BHP.

“HHS is committed to making health coverage accessible for people DACA recipients – Dreamers – who have worked hard to live the American Dream. Dreamers are our neighbors and friends; they are students, teachers, social workers, doctors, and nurses. More importantly, they are fellow Americans,” said HHS Secretary Xavier Becerra. “More than one third of DACA recipients currently do not have health insurance, so making them eligible to enroll in coverage will improve their health and wellbeing, and help the overall economy.”

“The Biden-Harris Administration believes health care is a right, not a privilege, and that extends to DACA recipients who have built their lives in the United States,” said CMS Administrator Chiquita Brooks-LaSure. “Today’s rule reduces barriers for DACA recipients to obtain health care coverage and is a vital step toward making certain that it is available and accessible to all Americans.”

Individuals without health insurance are less likely to receive preventive or routine health screenings and may delay necessary medical care, incurring high costs and debts when they do seek care. DACA recipients are currently three times more likely to be uninsured than the general U.S. population. DACA recipients who qualify to enroll in a Marketplace plan may also qualify for advance payments of the premium tax credit (APTC) and cost-sharing reductions (CSRs) to reduce the cost of their Marketplace coverage, depending on their income.

As a result of this rule, DACA recipients and other newly eligible individuals will qualify for a special enrollment period to select a health plan through the Marketplace during the 60 days following the rule’s November 1, 2024, effective date. This timing also corresponds with the 2025 Open Enrollment Period, which will help ensure that newly eligible individuals are able to seamlessly enroll in coverage. Those who apply for coverage in November 2024 can have their Marketplace coverage begin as early as December 1, 2024, if they meet all other eligibility requirements. DACA recipients and others who are eligible for a BHP can apply for and receive coverage as early as November 1, 2024.

CMS also made technical modifications to the definition of “lawfully present” used to determine eligibility for coverage through a Marketplace or a BHP to promote administrative efficiency, clarity, and transparency. These changes aim to ensure complete, accurate, and consistent eligibility determinations and verification processes for health coverage for these populations.

CMS is committed to providing high-quality education regarding implementation of this rule and technical assistance for the many interested parties who assist immigrant and other communities with health coverage enrollment.

All provisions of the final rule will be effective on November 1, 2024.

For more information on the final rule, see the fact sheet at https://www.cms.gov/newsroom/fact-sheets/hhs-final-rule-clarifying-eligibility-deferred-action-childhood-arrivals-daca-recipients-and-certain .

To view the final rule, visit the Federal Register .

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