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DACA

What Is Deferred Action for Childhood Arrivals (DACA)?

Certain people who came to the United States as children may request consideration of deferred action for a period of two years, subject to renewal. They are eligible for work authorization. Deferred action is the use of prosecutorial discretion to defer removal action against an individual for a certain period. Deferred action does not provide lawful status.

 

You may request DACA if you:

  1. Were under the age of 31 as of June 15, 2012;

  2. Came to the United States before reaching your 16th birthday;

  3. Have continuously resided in the United States since June 15, 2007, up to the present time;

  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

  5. Had no lawful status on June 15, 2012, meaning that: (1)You never had a lawful immigration status on or before June 15, 2012, or (2) Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;

  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

  7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

 

Age for DACA

Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order.

 

Example 1)

Your situation: I have never been in removal proceedings, or my proceedings have been terminated before making my request.  

Your Age: At least 15 years old at the time of submitting your request and under the age of 31 as of June 15, 2012.

 

Example 2)

Your situation: I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.

Your Age: Under the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.

 

Timeframe

  1. You must demonstrate that on June 15, 2012 you were under the age of 31 years.

  2. You must demonstrate that on June 15, 2012 you were physically present in the United States.

  3. You must demonstrate that on June 15, 2012 you had no lawful status.

 

You must meet the following requirements.

  1. As of the date you file your request you have resided continuously in the U.S. since June 15, 2007

  2. As of the date you file your request you had come to the United States before your 16th birthday

  3. As of the date you file your request you were physically present in the United States

 AND

  1. As of the date you file your request you are in school, have graduated from high school in the United States, or have a GED; OR

  2. As of the date you file your request you are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

 

Education and Military Service

Your school or military status at the time of requesting DACA         

 

Example 1)

I graduated from:

(1)Public or private high school; or

(2)Secondary school.

or

(3)I have obtained a GED.

Then, you meet education or military service guidelines for DACA.

 

Example 2)

I am currently enrolled in school.

Then, you meet education or military service guidelines for DACA.

 

Example 3)

I was in school but dropped out and did not graduate. I am not currently enrolled in school and am not an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

Then, you do not meet education or military service guidelines for DACA.

 

Example 4)

I am an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

Then, you meet education or military service guidelines for DACA.

​

Proof of identity         

  1. Passport or national identity document from your country of origin

  2. Birth certificate with photo identification

  3. School or military ID with photo

  4. Any U.S. government immigration or other document bearing your name and photo

 

Proof you came to U.S. before your 16th birthday    

  1. Passport with admission stamp

  2. Form I-94/I-95/I-94W

  3. School records from the U.S. schools you have attended

  4. Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear)

  5. Travel records

  6. Hospital or medical records

  7. Employment records (pay stubs, W-2 Forms, etc.)

  8. Official records from a religious entity confirming participation in a religious ceremony

  9. Copies of money order receipts for money sent in or out of the country

  10. Birth certificates of children born in the U.S.

  11. Dated bank transactions

  12. Automobile license receipts or registration

  13. Deeds, mortgages, rental agreement contracts

  14. Tax receipts, insurance policies

 

Proof of immigration status

  1. Form I-94/I-95/I-94W with authorized stay expiration date

  2. Final order of exclusion, deportation, or removal issued as of June 15, 2012

  3. A charging document placing you into removal proceedings

 

Proof of presence in U.S. on June 15, 2012 & Proof you continuously resided in U.S. since June 15, 2007

  1. Rent receipts or utility bills

  2. Employment records (pay stubs, W-2 Forms, etc)

  3. School records (letters, report cards, etc)

  4. Military records (Form DD-214 or NGB Form 22)

  5. Official records from a religious entity confirming participation in a religious ceremony

  6. Copies of money order receipts for money sent in or out of the country

  7. Passport entries

  8. Birth certificates of children born in the U.S.

  9. Dated bank transactions

  10. Automobile license receipts or registration

  11. Deeds, mortgages, rental agreement contracts

  12. Tax receipts, insurance policies

 

Proof of your student status at the time of requesting DACA           

  1. Official records (transcripts, report cards, etc) from the school that you are currently attending in the United States.

  2. U.S. high school diploma or certificate of completion

  3. U.S. GED certificate

 

Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.  

  1. Form DD-214, Certificate of Release or Discharge from Active Duty

  2. NGB Form 22, National Guard Report of Separation and Record of Service

  3. Military personnel records

  4. Military health records

 

Form & Fee

I-821D, Consideration of Deferred Action for Childhood Arrivals, $495

I-765, Application for Employment Authorization Form I-765 base fee ($410) or biometric fee ($85)

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How to Complete Forms

You must file the most recent version of Form I-821D from our website. USCIS will reject older versions of the form if you submit them.

Write your name, date of birth, and mailing address exactly the same way on each form.

USCIS prefers that you download the forms from our website, fill them out electronically and then print your completed forms to mail.

Make sure you are using the most current version of the forms. 

The correct, most current edition of every USCIS form is always available for free download on the USCIS website.

If you complete the forms by hand, use black ink only. Do NOT use highlighters or red ink on your forms. These could make your materials unreadable when scanned.

If you must make changes on a form, USCIS recommends that you begin with a new form, rather than trying to white out information. This can lead to scanning errors.

Ensure that you provide all required supporting documentation and evidence.

Be sure to sign all of your forms.

 

If USCIS Grants DACA and Employment Authorization in Your Case

If USCIS grants DACA and employment authorization in your case, you will receive a written notice of that decision. An Employment Authorization Document will arrive separately in the mail.

 

If USCIS Does Not Grant DACA in Your Case

If USCIS decides not to grant DACA in your case, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will not review its discretionary determinations. USCIS will apply our policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of notices to appear. If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, USCIS will not refer your case to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances.

 

Administrative Errors

You may request a review using the Service Request Management Tool process if you met all of the DACA guidelines and you believe USCIS denied your request because of an administrative error.

 

Administrative Error Examples

USCIS believes you abandoned your case by not responding to a request for evidence (RFE), and you believe you did respond within the prescribed time; or

USCIS mailed the RFE to the wrong address, even though you had submitted a Form AR-11, Change of Address, or changed your address online at www.uscis.gov before we issued the RFE.

​

Travel Information for DACA

Certain travel outside the United States may affect the continuous residence guideline. Traveling outside the U.S. before Aug. 15, 2012 will not interrupt your continuous residence if the travel was brief, casual, and innocent. 

 

If you travel outside the United States on or after Aug. 15, 2012, and before we decide on your request for DACA, you will not be considered for DACA.

 

Example)

On or after June 15, 2007, but before Aug. 15, 2012

-It's brief travel

-It's casual travel

-It's innocent travel

-> It does not affect Continuous Residence.

 

Example)

On or after June 15, 2007, but before Aug. 15, 2012

For an extended time

Because of an order of exclusion, deportation, or removal

To participate in criminal activity

-> It does affect Continuous Residence.

 

Example)

On or after Aug. 15, 2012, and before you have requested DACA    

It's Any travel

->It does not affect Continuous Residence. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case and you cannot travel until you receive advance parole.

 

Example)

On or after Aug. 15, 2012, and after you have requested DACA       

It's Any travel

-> It does not affect Continuous Residence. You cannot travel while your request is under review. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case.

 

In addition, if you have previously been ordered deported and removed and you depart the United States without taking additional steps to address your removal proceedings, your departure will likely result in your being considered deported or removed, with potentially serious future immigration consequences.

 

Example)

On or after Aug. 15, 2012, and receiving DACA         

It's Any travel

-> It depends.  If you travel after receiving advance parole, the travel will not interrupt your continuous residence.  However, if you travel without receiving advance parole, the travel will interrupt your continuous residence.

 

What if USCIS has approved DACA?

Once USCIS has 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. If you travel outside the United States without first receiving advance parole, USCIS will automatically terminate your DACA.

 

National Security and Public Safety

You will not be considered for DACA if you have been convicted of:

-A felony offense;

-A significant misdemeanor offense; or

-Three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission or scheme of misconduct.

Or

You are otherwise deemed to pose a threat to national security or public safety.

​

Q. I've ordered deported. What should I do?

For those individuals who have been ordered deported or removed, before you actually leave the United States, you should seek to reopen your case before the Executive Office for Immigration Review (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, your departure may result in your being considered deported or removed, with potentially serious future immigration consequences.

If you have any questions about this process, you may contact U.S. Immigration and Customs Enforcement (ICE) through the local ICE Office of the Chief Counsel with jurisdiction over your case.

​

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DACA ADVANCE PAROLE Q&A

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Q. If my case is deferred under DACA, will I be able to travel outside of the United States?

-It depends on your case.

-It is case by case approved by USCIS.

-If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee.

-USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request.

​

Q. What are three purposes to get advance parole as DACA?

Generally, USCIS will only grant advance parole if your travel abroad will be in furtherance of:

  1. humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative;

  2. educational purposes, such as semester-abroad programs and academic research, or;

  3. employment purposes such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.

​

Note that:

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

-You may not apply for advance parole unless and until USCIS defers action in your case under the consideration of DACA.

-You cannot apply for advance parole at the same time as you submit your request for consideration of DACA.

-All advance parole requests will be considered on a case-by-case basis.

-If USCIS has deferred action in your case under the DACA process after you have been ordered deported or removed, you may still request advance parole if you meet the guidelines for advance parole described above.

​

Q. What if I travel without advance parole?

If you travel outside the United States on or after Aug. 15, 2012, without first receiving advance parole, your departure automatically terminates your deferred action under DACA.

​

Q. Is advance parole open for DACA recipients right now?

Yes, Advance Parole is open for DACA recipients right now.

 

Q. How I apply for advance parole? 

You can file I-131 and documents proving your purpose of traveling internationally. 

For example, the proof for humanitarian purpose may be Dr's letter, notes, or records showing the family or relative's medical history and condition.

​

USCIS filing fee is $575.

USCIS will continue to accept and adjudicate applications for advance parole for current DACA recipients.

​

The process for approval takes 3~5 according to USCIS. 

​

Q. Where do I send I-131 and documents? 

Note that there are two different addresses.

​

If you use U.S. Postal Service (USPS):

USCIS
Attn: DACA
P.O. Box 20700
Phoenix, AZ 85036-0700

​

If you use FedEx, UPS, and DHL deliveries:

USCIS
Attn: DACA (Box 20700)
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034-4850

​

Q. My advance parole application is still pending. Will USCIS process it?

Yes, at the present time the court’s order allows USCIS to continue to process applications for advance parole for current DACA recipients. (2022)

 

Q. I was approved for advance parole. How does the Southern District of Texas decision affect me?

If your application for advance parole has been approved, the order from the Southern District of Texas does not affect that approval. All individuals returning to the U.S. are still subject to immigration inspection at a port of entry.

 

Q. I have DACA and am currently abroad using advance parole. Can I still return to the U.S. using my advance parole under DACA?

Yes, if you currently have DACA and are abroad using advance parole, you may return to the U.S. using your advance parole under the same conditions that were in effect before the order from the Southern District of Texas.

All individuals returning to the U.S. are still subject to immigration inspection at a port of entry.

 

Q. I filed an advance parole application and am scheduled for biometrics after July 16, 2021. What should I do?

You should attend your biometrics appointment and proceed with the advance parole application process.  

 

Q. I have DACA and I need to travel abroad for emergency reasons now. What should I do?

If you currently have DACA, you may apply for advance parole.

If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office through the USCIS Contact Center.

 

Q. What items do I have to bring to my Advance Parole appointment at the field office when there is emergency reason?

-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 (for example, medical documentation, death certificate, etc.) and

-Two passport-style photos.

​

Q. What document do I have to bring to the airport for traveling?

Generally, you need to bring the following documents.

-A valid passport

-The original Advance Parole document

-Employment authorization card(EAD card) and

-The original I-821D approval Notice

​

Q. What happen in the airport when entering into the United States?

The entry is case by case but the below process is common.

-You will arrive at the immigration checkpoint.

-You will wait at the foreign national line.

-The immigration officer will call you.

-You will provide documents.

-You will take biometrics.

-You will go into another room. 

-You will wait at a waiting area in the room to be called on.

-The CBP officer will call you to the window in the room.

-The CBP officer will check your documents and ask some questions(if applicable). 

-Then, you will go out and enter into the United States.

-You will go home.

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If you have any questions for DACA, renewal, or Advance Parole, please let us help you today.

Thank you!

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