daca travel outside us

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. 

Are you concerned with leaving the country as a DACA holder? At Brudner Law , we can help answer your questions so that you retain your DACA eligibility!

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. 

Are you searching for help with your visa application, the naturalization process, or other immigration issues? At Brudner Law , we can assist with these critical legal matters!

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DACA Processing Times: How Long Does It Take USCIS To Process DACA Applications?

Written by ImmigrationHelp Team .  Updated December 11, 2023

The Deferred Action for Childhood Arrivals (DACA) program protects eligible undocumented young people in the U.S. from deportation, but it does not confer legal status. DACA recipients are eligible to apply for work authorization, or a work permit, so they can legally work in the United States. DACA status is valid for two years. Recipients may reapply every two years to renew their status and work authorization. The DACA program is being challenged in federal court, so the U.S. government is accepting, but not currently processing, initial DACA applications. This article lists the current case processing times for the two main DACA forms — Form I-821D: Consideration of Deferred Action for Childhood Arrivals and Form I-765: Application for Employment Authorization Document, as well as the accompanying worksheet Form I-765WS. It also lists the case processing times for the Advance Parole application Form I-130, which many DACA recipients file.

What Is Form I-765: Application for Employment Authorization?

Written by Jonathan Petts .  Updated September 26, 2023

Form I-765 is main official form you use to apply for a work permit. To receive an Employment Authorization Document (EAD), you need to file Form I-765 with U.S. Citizenship and Immigration Services (USCIS). This article explains what Form I-765 is and how it’s used. We'll also explain who can file the form, how to complete it, what supporting documents to include, and how much it costs.

What Is the Form I-94 Travel Record?

Written by Jonathan Petts .  Updated September 25, 2023

Nearly every foreign traveler to the United States has an I-94 travel record (also known as “Form I-94” or “I-94 Form”). U.S. Customs and Border Protection (CBP) officials issue an I-94 to foreign travelers entering the United States. CBP officials use the I-94 to track arrivals and departures of non-citizens visiting the United States. This article explains Form I-94 in-depth, including how it is used, how to access yours, and answers to some frequently asked questions.‍

What Happens at a USCIS Biometrics Appointment?

The U.S. Citizenship and Immigration Service (USCIS) requires a biometrics appointment as part of many applications for immigration benefits. This is sometimes called the "fingerprint appointment." At the appointment, the U.S. government will take your fingerprints, pictures, and signature. These are used to run a background check and for identification purposes. Usually, USCIS will schedule a date and time for the biometrics appointment for you, but sometimes you have to schedule it yourself. If you have a conflict, you can attend your scheduled biometrics appointment early or reschedule it for a later, more convenient time. But it’s best to attend at the scheduled time whenever possible.

Why Would Your DACA Renewal Application Be Denied?

Written by Jonathan Petts .  Updated April 6, 2023

If you are applying to renew your DACA status, there are some reasons that USCIS might reject your application. Common reasons include failing to reply to requests for evidence (RFEs) or experiencing changes since your last application that make you no longer eligible for DACA. This article will walk you through eight reasons USCIS might deny your DACA renewal application and what you can do about each.

The Complete Guide To Renewing DACA in 2023

Written by Jonathan Petts .  Updated March 21, 2023

Despite recent challenges to the DACA program, U.S. Citizenship and Immigration Services (USCIS) is accepting and processing DACA renewal requests in 2023. To apply for a DACA renewal, gather your previous DACA forms, complete the three required USCIS forms, get your filing fee ready, and submit your packet. If you are a current DACA recipient, you can renew your DACA status and work permit with USCIS online or by mail. Renewing your DACA status and work permit costs $495. As of March 2023, the processing time for DACA renewals is 3–18 months.

How To Write a Declaration in Support of Your Advance Parole (I-131) Application + Sample Letter

Written by Paige Hooper .  Written February 23, 2023

Even if you have legal immigration status, you may not be able to travel freely outside the United States and re-enter legally. To travel from and be allowed to return to the U.S., some people need to apply for advance parole from U.S. Citizenship and Immigration Services (USCIS). You can travel for humanitarian, educational, or employment purposes, and part of the application process includes providing evidence for the purpose of your trip. One way to provide this evidence is to write a declaration in support letter explaining why USCIS should grant your Advance Parole request.

All About USCIS Requests for Evidence (RFEs): What They Are, How To Avoid Them, and What To Do if You Receive One

Written by Jonathan Petts .  Updated February 23, 2023

When U.S. Citizenship and Immigration Services (USCIS) determines that it needs extra information to make a decision on your immigration case, it will send you a request for evidence, also called an RFE. USCIS will send it to the mailing address you listed on your application. In this article, we will explain what a USCIS request for evidence is, how to avoid RFEs, and how to respond to a USCIS RFE if you receive one.

How To Write an Advance Parole Cover Letter

Written by Paige Hooper .  Written February 19, 2023

Depending on your immigration status, you may need to apply for advance parole before traveling outside the United States. The advance parole application is relatively straightforward, but you’ll need to provide official forms as well as evidence when you submit it to U.S. Citizenship and Immigration Services (USCIS). To help keep your application organized, you can add a cover letter to your advance parole application packet. In this guide, you’ll learn more about how the cover letter fits in with the rest of the application documents and the best way to write a cover letter for your advance parole application.

What Does the USCIS Case Status “Case Transferred” Mean for My DACA Application?

Written by Amy Lane Carst .  Written February 2, 2023

The U.S. Citizenship and Immigration Services (USCIS) case status “Case Was Transferred And A New Office Has Jurisdiction” means that USCIS moved your case to a different service center or field office. The new office will continue processing your case from there. USCIS may choose to transfer your DACA case for several reasons, including staffing shortages or processing delays. Cases may also be transferred if you, the applicant, move and are now in a new jurisdiction. If USCIS transfers your case, it will notify you via your online account and mail you a transfer notice. You don’t need to do anything, but take note that any future additional documentation for your case and any questions you have about your case will need to be directed to the new office.

How Long Does It Take for USCIS and the NVC To Process applications?

Written by Jonathan Petts .  Updated January 17, 2023

If you would like to track your immigration application as it moves along the immigration process or if you are wondering how to check if your application's processing is outside the expected processing timeframes, we've got you covered! This article will explore how to check your application case status - both with U.S. Citizenship and Immigration Services (USCIS) and the National Visa Center (NVC) - and what to do if your application processing falls outside the normal processing time.

What Does the USCIS Case Status “Request for Additional Evidence Was Sent” Mean for My DACA Application?

Written by Amy Lane Carst .  Written January 16, 2023

If you log in to your U.S. Citizenship and Immigration Services (USCIS) account online and see the case status “Request for Additional Evidence Was Sent,” it means that USCIS needs more information from you to process your case and ensure you’re eligible for DACA status. USCIS will mail a Form I-797E: Notice of Action that outlines exactly what additional evidence is needed and why. The notice will also include a deadline for submitting the requested information. It’s important to submit the requested information before the deadline to ensure USCIS continues processing your application without too much delay.

What Does the USCIS Case Status “Case Was Denied” Mean for My DACA Application?

Written by Amy Lane Carst .  Written December 15, 2022

If you see “Case Was Denied” as your USCIS case status online, it means that U.S. Citizenship and Immigration Services (USCIS) has received and reviewed your DACA application and decided not to grant you DACA status. If USCIS denies your DACA renewal case, it will send you a denial notice explaining why. It can be disheartening to go through months of processing for DACA status only to have your case denied. If this happens, you may want to get legal advice about the next steps.

What Does the USCIS Case Status “Case Was Received” Mean for My DACA Application?

Written by Amy Lane Carst .  Written December 14, 2022

When you see the case status “Case Was Received” from U.S. Citizenship and Immigration Services (USCIS), it means USCIS is acknowledging that it received your immigration application packet. This is just the start of USCIS processing your application. It hasn’t yet reviewed your application materials or determined your eligibility. Once you see this status, you’ll want to keep an eye on future status changes and respond to anything that requires your attention, such as a request for evidence. This article explains the “Case Received” USCIS status and what to do when your application is in this status.

What Does USCIS Case Status “Case Rejected” Mean for My DACA Application?

The USCIS case status “Case Rejected” means that you didn’t file your DACA renewal paperwork correctly, so USCIS did not review your case. If USCIS rejects your case, it will return your original filing fee. To have your case reviewed, you’ll need to fix the issue that caused the rejection. Common issues that lead to rejection include filing the incorrect form version, paying an incorrect fee amount, and not signing a form.

How To Find Help With Your Immigration Application When You Need Some Extra Help

Written by Jonathan Petts .  Updated December 13, 2022

With DACA, you can access immigration benefits like work authorization and protection from deportation. In this article, we explainresources you can turn to when you need a bit more help to prepare your DACA application.

Should I File My DACA Renewal Online With USCIS?

Written by ImmigrationHelp Team .  Written December 13, 2022

The Deferred Action for Childhood Arrivals (DACA) program has a complicated history, and its future is uncertain. Right now, U.S. Citizenship and Immigration Services (USCIS) is accepting both initial DACA applications and renewals, but the agency is only processing renewals. Up until recently, DACA recipients had to renew their status by mail. USCIS now allows DACA recipients to file their renewal applications online.

Can a DACA Recipient Get a Green Card Through Marriage?

Written by Jonathan Petts .  Updated November 22, 2022

The Deferred Action for Childhood Arrivals (DACA) program doesn’t yet provide a pathway to lawful permanent residence. But if you’re a DACA recipient and you fall in love with and marry a U.S. citizen or permanent resident, you may be able to get a marriage green card.  As a green card holder, you’ll have protection from deportation and long-term employment authorization, meaning you’ll never have to renew your work permit. Getting an immigrant visa is also the first step towards naturalization - the process of gaining U.S. citizenship. But to change your immigration status from DACA recipient to green card holder, you must satisfy certain eligibility requirements.  Your green card eligibility will depend largely on how you entered the United States and if you’re married to a U.S. citizen or a permanent resident. This article explains the different ways that DACA recipients can qualify for marriage green cards and how long the process takes.

What Is DACA, and How Do You Apply?

Written by ImmigrationHelp Team .  Updated November 22, 2022

The Deferred Action for Childhood Arrivals (DACA) provides relief from deportation for eligible young immigrants who are documented and living in the United States. DACA recipients can get Social Security cards and work permits that they can renew every two years. This article explains all you need to know about the DACA program, including its history and purpose, who can apply for it, and how to apply if it's your first time or if you're renewing your status.

Can You Apply for Advance Parole With a Criminal Record?

Getting status and other U.S. immigration benefits may be out of reach for people with criminal records. If you have ever committed a felony, for example, you can't get immigration benefits. Advance Parole is a travel permit available to special immigrants and those adjusting status to green cards. For example, if you have Deferred Action for Childhood Arrivals (DACA) status, you can travel abroad and return with Advance Parole. This article explains how you can qualify for Advance Parole and whether or not a criminal record can keep you from getting Advance Parole.

How to Complete Form I-765 WS for Your DACA Application

Deferred Action for Childhood Arrivals (DACA) provides protection from deportation for many young undocumented immigrants. When you're applying for DACA, you'll submit three main forms together with your supporting evidence to U.S. Citizenship and Immigration Services (USCIS). In addition to the official DACA application Form I-821D, Consideration of Deferred Action for Childhood Arrivals, you'll have to file Form I-765, Application for Employment Authorization and Form I-765WS, the worksheet explaining why you need a work permit. This article will focus on the shortest out of the three forms—Form I-765WS. You'll learn what Form I-765WS is and why you need it, as well as how to complete the different parts of the form.

How To Get the Proof of Identity Document (ID) You Need for Your DACA Application

Written by Jonathan Petts .  Updated November 15, 2022

Every application for Deferred Action for Childhood Arrivals (DACA) must have both the official application forms and supporting evidence to back your case. One of the most important pieces of evidence you must submit with your application is a proof of identity document (ID). U.S. Citizenship and Immigration Services (USCIS) processes DACA applications, and they have requirements for what ID you can submit with your new DACA or DACA renewal application. This article explains what an acceptable ID is for DACA and how to get one for your application.

What To Do if You Are Denied Entry Into the United States With Advance Parole

Written by Jonathan Petts .  Updated November 1, 2022

For green card applicants based in the United States and people with Deferred Action for Childhood Arrivals (DACA) status, Advance Parole is a welcome provision. With this travel document, you can leave the United States while in DACA status or while U.S. Citizenship and Immigration Services (USCIS) processes your green card application. Advance Parole provides a chance to visit ailing family, study abroad, attend forums and conferences abroad, and catch up with friends. But sometimes the U.S. government does not allow people with valid Advance Parole documents to reenter the United States. This article explains some reasons why the U.S. government would refuse to let you back into the country even with Advance Parole and some things you can do if you find yourself in this situation as an adjustment of status applicant or a DACA recipient.

How Do You Get Advance Parole for Humanitarian Reasons?

Advance Parole is a travel permit available to certain groups of immigrants to travel abroad and return to the United States without negatively impacting or abandoning their U.S. immigration statuses. With President Biden's executive order to reinstate the Deferred Action for Childhood Arrivals (DACA) program after the Trump administration halted new applications, many more people can get DACA and, by extension, Advance Parole. Adjustment of status applicants, as well as DACA status and other Temporary Protected Status (TPS) immigrants, can get Advance Parole for humanitarian, educational, or employment purposes. This article explains how to apply for Advance Parole based on humanitarian reasons.

How To Complete Your Address History on a DACA Application

Written by Jonathan Petts .  Updated October 24, 2022

Many immigrants who come to the United States have moved around and changed addresses. Most U.S. immigration applications, including the Deferred Action for Childhood Arrivals (DACA) application, ask for your address history as an applicant. This article explains what address information you need to fill out your DACA forms, how to find old address information, what happens if your address history is incomplete on your DACA forms, and what supporting documents should accompany your DACA application.

Weekly Immigration News Roundup: October 21, 2022 (Archive)

Written by ImmigrationHelp News Team .  Written October 20, 2022

This has been a busy week in immigration news, and thankfully some of it is positive. The United States government wants to fast-track applications for Afghan asylees who helped U.S. troops, a senior living facility explains why immigration is important to the country’s economy, and the ACLU filed a lawsuit on behalf of four nonprofits who want the right to provide legal counsel to their immigrant detainee clients for free.

How To Complete Form I-821D for Your DACA Application

Written by Jonathan Petts .  Updated October 19, 2022

Form I-821D is officially called the Consideration of Deferred Action for Childhood Arrivals by U.S. Citizenship and Immigration Services (USCIS). It is the most important form to submit for Dreamers requesting Deferred Action for Childhood Arrivals (DACA). This article explains Form I-821D, including who needs to file it, what the filing fees are, and what supporting documents you need to file with it.

Weekly News Roundup: October 14, 2022 (Archive)

Written by ImmigrationHelp News Team .  Written October 13, 2022

The fourth quarter brings with it an array of immigration news. A few things in this week's bulletin: changes in wait times for Mexican nationals applying for family-sponsored green cards, a legal challenge to visa retrogression laws, a timeline on what to expect from DACA as litigation continues, and why Anna “Delvey” Sorokin’s house arrest matters to immigration advocates.

Can DACA Recipients Become U.S. Citizens?

Written by Jonathan Petts .  Updated October 2, 2022

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.

How Do You Apply for Advance Parole as a DACA Recipient?

Written by Jonathan Petts .  Updated August 22, 2022

Deferred Action for Childhood Arrivals (DACA)recipients sometimes have an urgent need to travel outside of the United States. If you're in DACA status, you can apply for permission to travel outside the U.S. using a process called “Advance Parole.” With an approved Advance Parole application, DACA recipients can travel outside the United States and return lawfully. If you get Advance parole, USCIS gives you a document to show to Customs and Border Protection (CBP) so that they let you re-enter the United States. This article explains what Advance Parole is, who is eligible to apply for it, and what the Advance Parole application process is like. 

How To Write a Cover Letter for a DACA Renewal

Written by Jonathan Petts .  Updated August 15, 2022

If you’ve already been granted Deferred Action for Childhood Arrivals (DACA) status by U.S. Citizenship and Immigration Services (USCIS), you are eligible to renew your status every two years. You’ll need to fill out Form I-821D and submit it along with other required forms and fees to renew. It’s also recommended that you prepare a simple cover letter to include with your application as well. The cover letter allows the USCIS officer to see what’s included with your application at a glance. This article explains what a DACA renewal cover letter is and the elements it should include. It also includes a template you can use to write your own.

USCIS Has Approved Over 1300 New DACA Applications Since November Ruling

Written by Jonathan Petts .  Written May 30, 2022

President Obama created Deferred Action for Childhood Arrivals (DACA) in 2012. The DACA program protects certain young people who entered the country illegally from deportation. DACA beneficiaries can get a work permit, a Social Security Number (SSN), and apply for a driver’s license. But, many have contested the legality of the program over the past few years. Trump administration officials argued that the program did not comply with current immigration laws.

What is "Sanctuary" and how Does it Help Immigrants?

Immigrants in the United States have been increasingly vulnerable to raids, detentions, and deportations by Immigration and Customs Enforcement (ICE) immigration agents. As a result, many faith groups and some neighborhoods, campuses, and offices have tried to find ways to advocate for and protect the immigrants in their communities. The practice of sanctuary is one way that faith groups and other communities are trying to protect immigrants from deportation. In this article, we'll explain what sanctuary is, and how it can be helpful to immigrants who are living in a place that is a sanctuary.

How To Get a Bank Loan With DACA: The Complete Guide

Written by Jonathan Petts .  Written May 26, 2022

It is generally difficult for Deferred Action for Childhood Arrivals (DACA) recipients to get bank loans — but it's still possible. Many banks and lenders will consider you a high-risk individual because of your status. Many banks consider DACA to be temporary and not guaranteed because DACA is easily affected by U.S. immigration law. However, DACA recipients can borrow from other lenders. You can get personal loans, student loans, and home loans from banks and other lenders. This article explains how to get personal loans, student loans, and home loans as a DACA recipient.

Is It Risky To Travel With Advance Parole?

For Deferred Action and Childhood Arrivals (DACA) recipients and adjustment of status applicants, the U.S. government makes provision for a travel document called Advance Parole. Advance Parole allows immigrants based in the United States to travel abroad while in status or while waiting for U.S. Citizenship and Immigration Service (USCIS) to process their paperwork. If you have DACA or are applying for adjustment of status, your approved Advance Parole document will serve the same purpose as a U.S. visa, allowing re-entry to the United States upon returning. In this article, we explain Advance Parole, how to get it, and highlight some of the risks involved in traveling back to the United States on Advance Parole.

How To Get Advance Parole for Business Travel

Written by Jonathan Petts .  Written May 25, 2022

For many people applying for immigration benefits, Advance Parole is necessary to travel abroad while they wait for the U.S. government to process their application. Other immigrants, like recipients of Deferred Action for Childhood Arrivals (DACA), must also have an approved travel permit before leaving the United States if they'd like to return. Advance Parole makes it possible for immigrants with business ties abroad to leave the United States temporarily for work. In this article, we'll explain what business reasons you can get Advance Parole for as well as the step-by-step application process for getting the travel permit.

Can You Apply for DACA With a Criminal Record?

The U.S. government conducts a criminal background check for most immigration applications. The reason is simple - to make sure that people who receive immigration benefits are people of good moral character. The Deferred Action for Childhood Arrivals (DACA) program is no different. As part of your application, you'll have to answer some questions about your criminal background. When U.S. Citizenshixp and Immigration Services (USCIS) is reviewing your DACA application, they'll check your criminal record for felonies, significant misdemeanors, and other crimes that disqualify you from getting DACA. This article explains what offenses will and may not disqualify you from DACA, and how to go about your application if you have a criminal record.

How Can My Undocumented Immigrant Spouse Get a Green Card Through Marriage?

If you are married to an undocumented immigrant, you are not alone. According to the Wall Street Journal, about 1.2 million undocumented immigrants are married to United States citizens. And that number doesn't even include undocumented immigrants married to U.S. permanent residents. Getting a marriage green card protects your spouse from deportation and, as immediate relatives, gives them a path to naturalization. But applying for a marriage green card can be a difficult process. And in most cases, it is even more challenging when your spouse is undocumented. This article will help you weigh the benefits and risks of applying for a marriage green card for your undocumented spouse.

Can DACA Recipients Apply for a Green Card?

Since President Obama introduced the Deferred Action for Childhood Arrivals (DACA) program in 2012, eligible undocumented youth have received protection from deportation. The Trump administration terminated the DACA program in 2017, but President Biden restored DACA at the start of his presidency. DACA recipients enjoy benefits like an employment authorization permit. But DACA status and the work permit are only temporary. They are valid for two years, after which DACA recipients have to renew their status. Plans to grant DACA recipients more long-term legal status in the United States have been on the docket for a while but have yet to pass into law. It is still possible for some DACA recipients to get green cards. This article explains the existing pathways for DACA recipients to get green cards.

What Supporting Documents Do I Need for a DACA Application? Checklists for New Applications and Renewals

When you file your DACA renewal or new DACA application, you will need to submit supporting documents to prove that you are eligible for DACA. The documents you need to submit will be different depending on whether you are renewing or applying for the first time. They will also vary based on your personal background. This article provides document checklists for all scenarios so that you can confidently apply for your DACA renewal or initial DACA status without an attorney.

How to Get a Credit Card as a DACA Recipient

Building credit is important for making a living in the United States. Getting a credit card and building credit can be a little complicated for Deferred Action for Childhood Arrivals (DACA) recipients because many don't have any U.S. credit history. But it is still possible for DACA recipients to get a credit card! In this article, we explain how to check your U.S. credit history and options for getting a credit card with or without a U.S. credit history.

Missing I-94 Arrival Record - How Do I Prove Lawful Entry to the United States?

Every year thousands of people apply for a green card based on their family relationship with a U.S. citizen or lawful permanent resident. If you want to apply from inside the United States, you must prove that you entered the country lawfully. To prove that, you normally submit a copy of your I-94 Arrivals and Departure record with your Green Card application. The I-94 officially documents all the dates when you left and came into the United States through ports of entry. But what happens if you can't find your I-94 record? This article explains how to get a copy of your missing I-94 record and discusses other ways you may be able to prove lawful entry into the United States.

How to Get Student Loans with DACA: The Complete Guide

Paying for school as a non-resident person in the United States can be difficult. Deferred Action for Childhood Arrivals (DACA) recipients are not eligible for any federal funding and may face some challenges in trying to secure funding for their college education. There are, however, alternative resources available to DACA recipients and undocumented students. There is state-level assistance available in some states and a host of private student loans and scholarships that DACA students can get. In this article, we discuss some things to consider as a DACA student applying to colleges and explain whether DACA students can get federal or state assistance, as well as private loans and scholarships.

How To Apply for DACA in 2022

Deferred Action for Childhood Arrivals (DACA) is an immigration program created by President Obama in 2012 that allows Dreamers—undocumented immigrants brought to the United States as children—to live and work legally in the United States and avoid deportation. The program has faced a lot of contention. In 2020, the Trump Administration issued an order terminating DACA. This prevented Dreamers from submitting first-time DACA applications, even after a Supreme Court decision rejected the Trump order.  On his first day in office, President Biden signed an order to allow for both new DACA applications and DACA renewal requests. Unfortunately, on July 16, 2021, a Texas judge ruled that the DACA program was unconstitutional. In response to that ruling, U.S. Citizenship and Immigration Services (USCIS) is no longer processing new DACA applications. However, the court ruling is currently on appeal, and you can still submit new applications to reserve your place in line if the law changes. This guide explains the DACA application process.

How can DACA and TPS Students Get Advance Parole for Educational Purposes?

Recipients of Deferred Action for Childhood Arrivals (DACA) and beneficiaries of Temporary Protected Status (TPS) under U.S. immigration law can travel abroad to study without compromising their immigration status. Advance Parole is a document that allows students with these immigration statuses to spend some time outside of the United States and return. People who also have pending adjustment of status green card applications can also apply for Advance Parole so they can study abroad without abandoning their applications.

How Can You Prove Continuous Residence on Your DACA Application?

When applying for Deferred Action for Childhood Arrivals (DACA), you'll submit supporting documents with your forms to U.S. Citizenship and Immigration Services (USCIS). Your DACA supporting documents will prove to USCIS that the information you provided on your application is correct and confirm that you qualify to apply for DACA. One of the requirements to qualify for DACA is continuous residence in the United States. This article explains what continuous residence is and what the continuous residence requirement is for DACA. It also discusses the documents you can submit to prove your continuous residence on your DACA application.

How To Complete Your U.S. Travel History on a DACA Application

In 2012, President Obama introduced the Deferred Action for Childhood Arrivals (DACA) program as protection from deportation for eligible Dreamers living in the United States without status. If you apply for DACA, you'll have a work permit and lawful immigration status that you can renew every two years. The DACA application itself is quite extensive and requires you to provide, among other things, information about your U.S. travel history. You'll have to provide the dates when you arrived in the United States, how you came in, and what your immigration status was upon arrival. In this article, we'll explain the different parts of your U.S. travel history that the DACA forms are asking for and how to provide that information.

How To Prepare DACA Forms for Free With ImmigrationHelp

ImmigrationHelp.org is a nonprofit with a mission to help cut down the cost of legal fees for eligible low-income Dreamers. ImmigrationHelp is not an immigration law firm or accredited representative that provides legal advice. Even though ImmigrationHelp is not a form preparation service, we help with many immigration application types, and most of them follow a similar process. Our service is interactive, and the faster you respond, the sooner we can get you your completed forms. Generally, we hope to help you file your forms two weeks after you first contact us to work together. This article will focus on how to complete a Deferred Action for Childhood Arrivals (DACA) renewal application or new DACA application with ImmigrationHelp.org’s system.

Forms I-601 & I-601A: How To Apply for a Waiver of Inadmissibility

Written by Jonathan Petts .  Written April 4, 2022

U.S. Citizenship and Immigration Services (USCIS) may find you inadmissible for immigration based on different factors. You may have violated U.S. immigration law or simply not met the eligibility requirements for the immigration status you’re applying for. However, waivers of inadmissibility may be available to you. A waiver of inadmissibility asks the U.S. government to forgive your grounds of inadmissibility and grant you the immigration benefit you’re applying for anyway. This article introduces Forms I-601 and I-601A, which are the forms you’ll file for the waiver. It explains the requirements for each document and their respective application processes.

How To Expunge Your Criminal Record as a DACA Applicant

Written by Jonathan Petts .  Written August 4, 2021

The U.S. government will check your criminal record for any crimes that disqualify you from getting the immigration benefit you’re applying for. It may be possible to take these crimes off your criminal record; this is called expunging your criminal record. Your crimes that would otherwise disqualify you from immigration benefits will no longer count against you. The U.S. government will still see your expunged records, but they possibly won’t harm your application. This article explains disqualifying criminal convictions for Deferred Action for Childhood Arrivals (DACA) and how to get an expungement of your criminal record to apply for DACA.

How To Complete Your Education History on a DACA Application

Written by Jonathan Petts .  Written June 24, 2021

In 2012, President Obama started the Deferred Action for Childhood Arrivals (DACA) program. Applicants for DACA must meet certain education requirements. You'll have to provide your education history to U.S. Citizenship and Immigration Services (USCIS). USCIS asks for your education history to confirm that you qualify for DACA . USCIS also checks your education background to see if you can get a job if they give you a temporary work permit. So, it's very important that you complete the education history part of the form correctly. This article explains the education history section of the DACA application and how to complete it.

• Immigration

DACA Travel Authorization: How to Apply for Advance Parole and I-131 Travel Document

Individuals with daca status can apply for permission to travel abroad through advance parole. however, not all travel reasons are eligible, and applicants must provide supporting documentation. the i-131 application for travel document is used to request advance parole. it is important to understand the eligibility criteria and risks associated with traveling on advance parole. the travel document, known as form i-512l, must be presented to customs and border protection when re-entering the united states..

Key Takeaways:

• DACA recipients must obtain Advance Parole to travel outside the US without jeopardizing their DACA status.
• Eligible reasons for travel include humanitarian, educational, and employment purposes, but not casual visits or vacations.
• Advance Parole facilitates adjusting to permanent resident status and carries risks, such as possible revocation and CBP inspection upon return.

Understanding Advance Parole for DACA Recipients

For individuals who have received Deferred Action for Childhood Arrivals (DACA), the possibility to travel abroad exists but isn’t automatic. Special permission, known as DACA travel authorization or Advance Parole, must be secured to travel outside of the United States and return without jeopardizing DACA status. However, understanding the eligibility requirements and precisely preparing the I-131 Application for Travel Document is vital for a successful request.

Eligibility Criteria for DACA Advance Parole

As a DACA recipient, one must know that not all travel reasons are valid for obtaining Advance Parole. Vacationing, attending weddings, or casual visits to family are not considered legitimate reasons. The categories under which one can travel include humanitarian, educational, and employment purposes. Here are some specifics:

Humanitarian Reasons

• Medical assistance
• Attending family funeral services
• Visiting an ill relative

Educational Reasons

• Participation in study-abroad programs
• Academic research

Employment Reasons

• Overseas assignments
• Client meetings
• Interviews and conferences
• Trainings abroad

“The USCIS DACA National Standard Operating Procedures Manual states that these three categories should be ‘construed broadly,’ which hints at a case-by-case basis for approval,” allowing for potential additional valid reasons for travel.

Also of Interest:

Biden immigration policy proposal for long-term migrants, impact of agi on u.s. immigration and visa policies.

Before considering an application for Advance Parole, it’s crucial to seek the advice of an immigration lawyer who can provide an individualized assessment of any potential risks that might be involved with leaving the U.S.

How to Apply for DACA Travel Authorization

The primary vehicle for requesting DACA travel authorization is the I-131 Application for Travel Document. The checklist below provides a rundown of what to include in your application package:

• Completed and signed Form I-131
• A photocopy of a photo identification document
• Proof of DACA approval (e.g., Form I-797)
• Two recent passport-style color photographs
• The required USCIS filing fee of $575

When gathering evidence for the purpose of your travel, be prepared to submit the following:

Evidence for Humanitarian Trips

• Letters from medical professionals or hospital about the medical need
• Death certificates for deceased relatives

Evidence for Educational Trips

• Letters from educational institutions regarding the purpose of the travel
• Enrollment documentation and any requirements showing necessity of travel

Evidence for Employment Trips

• Letters from employers detailing the necessity of overseas travel
• Confirmation of training programs and conference enrollments

“A declaration of the specifics of the trip can greatly support your request for an Advance Parole Document (APD),” but it cannot replace other required evidence. Additionally, multiple trips can be requested under a single Form I-131, provided the reasons align with the permissible purposes.

Handling Urgent Advance Parole Requests

The processing timeline for Advance Parole can span several months, which can be challenging if the situation is urgent. Expedited requests are rarely granted, but in dire emergencies, local USCIS offices may address the urgent need on a discretionary basis. Preparing your application with a service like CitizenPath allows for guidance on expedited requests.

Advance Parole Impact on Adjusting Status

Though Advance Parole is not a direct path to obtaining permanent residence, it can facilitate the process. DACA recipients who did not have a lawful entry into the U.S. may face challenges when applying for a green card. However, once a person re-enters the U.S. with an Advance Parole Document, it is considered a lawful entry—this can be a game-changer for individuals marrying U.S. citizens or who find other paths to permanent residency, enabling them to adjust their status without leaving the country.

The Risks of Traveling on Advance Parole

Traveling with an Advance Parole document carries some risks. The Department of Homeland Security (DHS) can revoke or terminate the document at any time, and upon return, Customs and Border Protection (CBP) officers will inspect travelers. DACA recipients should carefully consider:

• Any criminal record or immigration proceeding history
• The expiration date of their current DACA status
• Previous detentions or denials upon re-entry to the U.S.
• Past international travel after August 15, 2012, without approved DACA and Advance Parole

Using the Advance Parole Travel Document

The official document, Form I-512L, is a standard letter-size piece of paper and functions as the authorization to re-enter the U.S. after travel. It’s crucial to review the document details upon receipt and note the final date it may be used for re-entry.

“While abroad, remember to carry the original advance parole document to present to transportation officials and CBP officers upon your return to the U.S.,” as it is a critical step in ensuring a smooth reentry process. Always ensure your travel is within the parameters set by the document and return before its expiration to avoid any complications.

For more detailed information and to access the necessary forms for requesting Advance Parole as a DACA recipient, visit the official US Citizenship and Immigration Services (USCIS) website .

By thoroughly understanding the criteria and carefully preparing your travel authorization application, you can navigate the advance parole process and maintain your DACA benefits while traveling for permissible reasons.

And there you have it, folks! Understanding Advance Parole for DACA recipients doesn’t have to be as complicated as it sounds. Remember, only certain reasons like humanitarian, educational, and employment purposes qualify for travel authorization. So, if you’re hankering to explore the world while maintaining your DACA status, hop on over to visaverge.com for more detailed info and helpful resources. Bon voyage! 🌍✈️

This Article in a Nutshell:

Did you know that DACA recipients can travel abroad with special permission called Advance Parole? It’s crucial to meet the eligibility criteria and prepare the I-131 Application for Travel Document correctly. The document allows for humanitarian, educational, and employment-related travel. Seek legal advice and apply carefully to maintain DACA status.

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After lawsuit, DACA recipients win permits to travel outside the U.S. — and come back legally

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After a Long Beach educational organization sued the Biden administration last month, several dozen immigrants have received travel permits to study abroad.

The approvals came just in time for the students’ trip to Mexico, which is part of a Cal State Long Beach program and is scheduled to begin Saturday.

All the applicants have been spared from deportation under the Deferred Action for Childhood Arrivals program, which temporarily shields so-called Dreamers who came to the United States as children and have lived here without legal immigration status. A provision under DACA allows for legal travel for work, school or humanitarian reasons.

The complaint filed against the Biden administration in April had sought a response from immigration authorities to the applications that 84 Dreamers submitted nine months ago. They’d had to push their trip back by five months because of the delayed reply.

Attorney Jorge Gonzalez said some of the applicants had received notices saying their paperwork would not be expedited. After the lawsuit was filed, he noticed a change — applicants started receiving notification that their travel documents were being generated.

“This is a timeliness issue,” he said. “If it’s not granted in time, then it’s worthless.”

A U.S. Citizenship and Immigration Services spokeswoman said the agency has been working diligently to resolve the issue but would not comment further on pending litigation.

Last week, 22 members of Congress signed a letter written by Rep. Alan Lowenthal (D-Long Beach) urging immigration officials to speed up processing times.

“Applications for travel authorization are currently ranging from three months to more than two years, preventing DACA recipients from traveling to attend to family emergencies or for legitimate educational reasons,” Lowenthal wrote.

Shoba Sivaprasad Wadhia, a law professor and director of the Center for Immigrants’ Rights Clinic at Penn State Law, said the outcome sends a signal that USCIS can process the applications more quickly.

“I am cautiously optimistic that USCIS will continue to process advance parole applications for DACA recipients consistent with the court order and the administration’s own commitment to preserve DACA,” she said, using the formal term for the process by which Dreamers and certain other immigrants can apply to travel.

“Moving forward, USCIS should invest the resources necessary to ensure that all applications for advance parole by DACA recipients are processed in a timely manner — this should be done without pressure from Congress or litigation.”

Winning the approvals also removes some of the hurdles that have kept those DACA recipients from gaining citizenship, a pathway that had been blocked when President Trump moved to end DACA entirely in 2017. It has remained closed off for many Dreamers, despite a 2020 Supreme Court ruling that the Obama-era program, which protected some 700,000 Dreamers, must be restored.

Before Trump moved to end the program, nearly 46,000 DACA recipients nationwide were approved for international travel under the advance parole provision.

The California-Mexico Studies Center, a named plaintiff in the lawsuit, had led more than 160 DACA recipients on study-abroad trips before 2018. The program isn’t for academic credit.

Beyond allowing Dreamers to reconnect with family, there’s a deeper reason that receiving advance parole is significant. Immigrants who leave the U.S. after having entered without authorization are penalized. Returning to the U.S. through an established port of entry erases those penalties, clearing the way for a DACA recipient who has someone to sponsor them for legal residency, such as a U.S. citizen parent or spouse.

For some, the news came too late. After the recent death of her grandmother, one applicant said she no longer had a reason to attend. Four dropped out, and 79 of the 80 remaining applicants were approved to travel.

Another 130 DACA recipients hoping to study abroad later this summer through the California-Mexico Studies Center have pending travel applications.

Gonzalez said the lawsuit has generated interest among immigration lawyers. The question now, he said, is whether federal immigration authorities will begin to more quickly process travel applications for all DACA recipients.

If the plaintiffs can’t reach an amicable agreement with the federal government, they could seek a class-action lawsuit. Gonzalez said the goal is to establish a timeliness standard for all future applicants.

He also sees the lawsuit as a catalyst for working toward something bigger — getting rid of the years-long penalties associated with unlawful entry.

“Biden is talking about immigration reform in little steps,” he said. “We’re playing the long game.”

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Andrea Castillo covers immigration. Before joining the Los Angeles Times, she covered immigrant, ethnic and LGBTQ+ communities for the Fresno Bee. She got her start at the Oregonian in Portland. A native of Seattle, she’s been making her way down the West Coast since her graduation from Washington State University.

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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:

• This website is run by a private company. We have no connection to U.S. Citizenship and Immigration Services (USCIS) or any other government agency.
• YOU must send your completed government forms directly to the USCIS or other government agency. We don’t do that for you.
• YOU must pay any required fees directly to the USCIS or other government agency. We don’t do that for you.

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Advanced parole.

DACA recipients who want to travel outside the United States may be able to do so. You must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($575). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if your travel abroad will be in furtherance of:

• Humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting 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

Your application must include evidence that supports the basis of your request (copy of deceased relative's death certificate, proof of enrollment in a travel abroad program, etc.)

Additional Guidelines

• Travel for vacation is not a valid basis for advance parole.
• All advance parole requests will be considered on a case-by-case basis.
• Individuals who have been ordered deported or removed should consult with an immigration attorney, as additional steps may need to be taken before applying for advance parole.
• If you travel outside the United States without first receiving advance parole, your departure automatically terminates your deferred action under DACA.

There are several risks to consider before applying for advance parole:

• Air travel involves potential exposure to COVID-19, and the CDC recommends against travel to most countries due to COVID-19
• Some countries have restricted travel from the US due to the pandemic
• Advance parole recipients are subject to secondary inspection upon return to the US, which can be extremely intimidating and time-consuming
• Even with an advance parole document, re-admission to the US is not guaranteed

Find more information from our UC Immigrant Legal Services Center (updated March 2021). Please email us at [email protected] with additional questions.

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Home » Guide to Form I-821D, Consideration of Deferred Action for Childhood Arrivals

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

Form i-821d overview for:, form i-821d explained, what is form i-821d, consideration of deferred action for childhood arrivals.

Certain undocumented persons who were brought to the United States by their parents may use Form I-821D, Consideration of Deferred Action for Childhood Arrivals , to apply for the DACA program .

Deferred action is a technical way of saying that the beneficiary is protected from deportation. It’s a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Individuals who receive deferred action will not be placed into removal proceedings or removed from the United States for a specified period of time. It’s a temporary status, and it can be revoked at any time. However, there is no direct path to lawful permanent residence (green card) or to U.S. citizenship.

A grant of deferred action through the DACA program provides renewable two-year grants of:

• Temporary relief from deportation; and
• Employment authorization (work permit).

DACA Eligibility Requirements

Who may file form i-821d, initial applicants.

• Are under 31 years of age as of June 15, 2012;
• Came to the U.S. while under the age of 16;
• Have continuously resided in the U.S. from June 15, 2007 to the present;
• Entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012;
• Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
• Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
• Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety.

Renewal Applicants

• Did not depart the United States on or after August 15, 2012 without advance parole;
• Have continuously resided in the United States since they submitted their most recent request for DACA that was approved up to the present time; and
• Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

Many applicants can successfully file DACA applications by themselves. CitizenPath's online service helps you confirm eligibility and prepare Forms I-821D, I-765 and I-765WS correctly.

We provide simple, affordable, step-by-step guidance through USCIS immigration applications like the DACA application package. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve your DACA application. Learn more >>

DACA Application Package

How do i file form i-821d properly.

When filing with a request for initial consideration of deferred action or a DACA renewal, you'll need to file more than just form I-821D. The DACA application package must include three forms filed together:

• I-821D, Consideration of Deferred Action for Childhood Arrivals This is the primary form in the package and is the actual application for deferred action.
• I-765, Application for Employment Authorization Applicants must also submit a request for employment authorization (even if employment isn't desired). DACA recipients receive an employment authorization card based on approval of this form.
• I-765 Worksheet Individuals applying for deferred action must also submit this supplement to Form I-765.

Applicants must file all three forms together. Initial applicants must submit several supporting documents to establish eligibility for DACA. Renewal applicants must also submit a much smaller list of documents to extend the protections of DACA. Detailed filing requirements can be found at USCIS.gov or use CitizenPath to prepare your DACA application package . CitizenPath makes the process easier. Designed by immigration attorneys, it’s an affordable way to prepare the application package and get clear guidance on the specific supporting documents to submit for your situation.

Form I-821D Instructions

How do i fill out the daca application, general guidance.

• Type or print answers in black ink only. 
• Enter “N/A” if an answer is not applicable and "NONE" if your answer is zero.
• Foreign language documents must be accompanied by a full English certified translation .
• Submit your application with the current USCIS filing fee . Use a personal check, money order, cashier’s check or use Form G-1450 to pay by credit card.
• Submit photocopies for all supporting documents unless an original document is specifically required.
• For Information About You , indicate if you are currently in immigration detention. This is a significant distinction. Seek the guidance of an immigration attorney if you are detained. Select if this is a first-time request for DACA or a renewal application.
• For Full Legal Name , use your current legal name. If you married in the U.S. the marriage certificate is generally a legal name change document. You can start using your married name. USCIS will use this name to issue the employment authorization card. Be sure to list any other versions of your name used in the past such as a maiden name.
• For Removal Proceedings Information , indicate if you have ever been in removal (deportation) proceedings. Even if a past situation was resolved, it can affect your situation in the future. Speak to an immigration attorney if you're unsure.
• For Processing Information , answer how you identify in terms of race and ethnicity. Indicate other details about your height, weight, eye color and hair color.
• For Residence and Travel Information , initial applicants should provide your physical address history since your initial entry to the United States. Renewal applicants may list only the addresses you've lived since submitting the most recent Form I-821D that was approved.
• For Travel Information , provide details regarding any trips outside the United States since June 15, 2007. USCIS has indicated that you will not be penalized for any brief, casual or innocent absences outside the U.S. taken before August 15, 2012, as long as they were reasonable in purpose and time frame. Again renewal applicants may limit responses to departures since the most recent DACA application. Trips abroad with DACA should include the use of an approved advance parole document.
• For For Initial Requests Only , first-time applicants should provide known information about the initial entry.
• For Education Information , first-time applicants should provide how they qualify for the education requirement (if applicable) and provide details.
• For Military Service Information , indicate how you qualify through U.S. military service (if applicable), particularly if you do not satisfy the education requirement.
• For Criminal, National Security, and Public Safety Information , indicate if any of the questions apply to you. If you must answer "Yes," consult with an immigration attorney to determine if you should proceed.

Parts 5, 6 and 7

• For Requestor's Statement , provide the requested information and important contact information so that USCIS may contact you during the process. Sign your application with black ink. A surprising number of I-821D rejections are the result of applicants forgetting to sign or signing in the wrong place.
• For Interpreter and Preparer , provide information if applicable. If you prepared your Form I-821D, it’s only necessary to sign as the “requestor.” If another person translated or prepared the application for you, be sure Parts 6 and 7 are filled in and signed appropriately.

This is an abbreviated list of Form I-821D instructions. We highly recommend that you download USCIS instructions or use CitizenPath’s service to prepare the application. CitizenPath provides filing instructions customized to your situation. You’ll get detailed DACA application instructions that explain which supporting documents to submit, how to organize, and where to mail.

Filing Addresses for the Application

Where to file form i-821d.

At the time of writing this guide, USCIS receives applications at three locations called lockboxes: Phoenix, AZ; Dallas, TX; and Chicago, Il. Although they receive your application package at these locations, they will process them somewhere else.

Applicants who live in Arizona and California will file at the Phoenix lockbox.

If you are sending via the U.S. Postal Service, mail the package to:

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

If you will send via a courier service like FedEx, UPS or DHL, mail the package to:

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

Applicants in following states will file at the Dallas lockbox: Alaska, Alabama, Arkansas, Florida, Guam, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri, Mississippi, Montana, North Dakota, Nebraska, New Mexico, Oklahoma, Puerto Rico, South Dakota, Tennessee, Texas, Utah, U.S. Virgin Islands, or Wyoming.

USCIS Attn: DACA P.O. Box 660045 Dallas, TX 75266-0045

USCIS Attn: DACA (Box 660045) 2501 S. State Hwy.121, Business, Suite 400 Lewisville, TX 75067-8003

DACA applicants from all other states will file at the Chicago lockbox.

USCIS Attn: DACA P.O. Box 5757 Chicago, IL 60680-5757

USCIS Attn: DACA (Box 5757) 131 S. Dearborn – 3rd Floor Chicago, IL 60603-5517

Please note that USCIS does occasionally change lockbox locations. Refer to your CitizenPath filing instructions or the USCIS website for the most up-to-date information.

I-821D Application Processing Time

How long does it take.

The processing time for a DACA renewal application can vary from 6 to 12 months for most applicants. During this time, USCIS will adjudicate the request for deferred action (Form I-821D) and then process the application for employment authorization (Form I-765). For an in-depth look at what happens after filing Form I-821D, visit our I-821D processing time line .

Reporting for processing times only includes forms that were successfully filed. If an individual does not correctly prepare a form or otherwise does not satisfy eligibility requirements, USCIS will reject or deny these requests. For the most recent year, USCIS reported the following national statistics:

USCIS Rejections in 2023

MODERATE RISK

USCIS Denials in 2023

How citizenpath helps you, is there an inexpensive way to file the i-821d application.

CitizenPath's affordable, online service makes it easy to prepare Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Designed by immigration lawyers, the DACA Application Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve your application.

Frequently Asked Questions

The fee to request consideration of deferred action for childhood arrivals, including employment authorization and biometric services, is $495. USCIS will not waive this fee. In very rare circumstances, there is a DACA fee exemption.

A fee exemption for DACA is available in very limited circumstances. To be considered for a fee exemption, submit a letter and supporting documents demonstrating that you meet one of the following conditions:

• You are under 18 years of age, homeless, in foster care, or under 18 years of age and otherwise lacking any parental or other familial support and your income is less than 150% of the U.S. poverty level;
• You cannot care for yourself because you suffer from a serious chronic disability and your income is less than 150% of the U.S. poverty level; or
• You, at the time of the request, accumulated $10,000 or more in debt in the past 12 months as the result of unreimbursed medical expenses for yourself or an immediate family member and your income is less than 150% of the U.S. poverty level.

If you believe that you are eligible, you must request the DACA fee exemption before you file a request for consideration of deferred action. If you submit Forms I-821D, I-765 and I-765WS to a USCIS lockbox facility without a fee and there's not an approved fee exemption request, USCIS will reject the application and return it to you. Follow USCIS steps for a fee exemption request.

Before departing the United States, DACA recipients should obtain an advance parole travel document .

USCIS will only grant advance parole for travel outside the United States to DACA recipients pursuant to guidance which provides for a determination that parole is for urgent humanitarian reasons or significant public benefit. In other words, persons with DACA status can’t travel for any reason. Traveling to a home country for vacation, to reconnect with family or for a friend’s wedding are not valid reasons to obtain DACA travel authorization.

According to previous guidance from USCIS , they will generally grant DACA travel authorization for the following reasons:

• Travel to support the national security interests of the United States;
• Travel to support U.S. federal law enforcement interests;
• Travel to obtain life-sustaining medical treatment that is not otherwise available to the alien in the United States; or
• Travel needed to support the immediate safety, wellbeing or care of an immediate relative, particularly minor children of the alien.

The new DACA rule helps to bolster the Deferred Action for Childhood Arrivals program. Although DACA was already a matter of policy, the new rule is an effort by the Biden administration to strengthen the legal standing of the program to combat various attempts to terminate it. When it went into effect on October 31, 2022, the rule replaced the 2012 memo issued by the Obama administration. Learn more about new DACA rule .

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Expedite Requests

ALERT:  If you are a healthcare worker or a childcare worker

If you are a healthcare worker or a childcare worker

• Who has a pending Form I-765, Application for Employment Authorization, initial application, which has been pending for over 90 days; OR
• Who has a pending Form I-765, Application for Employment Authorization, renewal  application and whose Employment Authorization Document (EAD) expires within 30 days or less, or has already expired:

Call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) to request expedited processing based on your position as a healthcare worker or a childcare worker with an EAD application that meets the above criteria.

To determine whether you are a qualifying healthcare worker, see this  DHS advisory memorandum (“Healthcare/Public Health” section, pages 7-9) (PDF) .

To determine whether you are a qualifying childcare worker, see the  Standard Occupational Classification (SOC)  code 39-9011, which includes workers who “attend to children at schools, businesses, private households, and childcare institutions” and “perform a variety of tasks, such as dressing, feeding, bathing, and overseeing play.” (Note that this definition does not include preschool teachers or teaching assistants.)

Be prepared to provide evidence of your profession or current or immediate prospective employment as a healthcare worker or a childcare worker and current valid immigration status. If the evidence you provide is not sufficient, we may not accommodate your request for expedited processing of your Form I-765.

You may request that USCIS expedite the adjudication of an application, petition, request, appeal, or motion that is under USCIS jurisdiction.

We consider all expedite requests on a case-by-case basis and generally require documentation to support such requests. The decision to expedite is within the sole discretion of USCIS. Expediting your case generally means that we would adjudicate your benefit ahead of others, including those who may have filed earlier, so we carefully weigh the urgency and merit of each expedite request.

Relevant criteria or circumstances that may be considered in determining whether to grant an expedite request include, but are not limited to, the below:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to timely file the benefit request or to timely respond to any requests for evidence;
• Emergencies or urgent humanitarian situations;
• Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural or social interests of the United States;
• Government interests, including cases identified by the government as urgent because they involve the public interest, public safety, national interest, or national security interests; and
• Clear USCIS error.

Not every circumstance that fits under the criteria or examples above will result in expedited processing. See more information below on expedite criteria and circumstances. For USCIS’  expedite policy guidance , see Volume 1 of the USCIS Policy Manual.

Note:   The processes and requirements for requesting expedited adjudication are different for some application types and circumstances. Refer to the chart in the Specific Procedures section of this page for more information about expedite requests related to:

• Appeals or motions
• Refugee status
• Petition for refugee/asylee relative
• Humanitarian parole
• T nonimmigrant status
• U nonimmigrant status
• Other benefit requests pending with offices outside the United States

A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or required to lay off other employees.

Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.

Examples may include:

• A medical office that may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.
• A person who would lose critical public benefits or services.

In the context of an expedite request, an emergency or urgent humanitarian situation is a pressing or critical circumstance related to human welfare. Human welfare means issues related to the well-being of a person or group. Examples include, but are not limited to, illness, disability, death of a family member or close friend, or extreme living conditions, such as those caused by natural catastrophes or armed conflict.

NOTE:  Certain benefit requests, such as asylum applications, refugee applications, and requests for humanitarian parole, by their nature involve urgent humanitarian situations. Therefore, filing a humanitarian-based benefit, standing alone, without evidence of other time-sensitive or compelling factors, generally may not warrant expedited treatment under this criterion.

Examples of emergencies or urgent humanitarian situations may include:

• A vulnerable person whose safety may be otherwise compromised.
• Healthcare workers who are needed during a pandemic.

Travel-Related Requests

USCIS considers expedited processing of an Application for Travel Document ( Form I-131 ) when there is a pressing or critical need for an applicant to travel outside the United States.

Expedited processing of a travel document may be warranted when there is an unexpected need to travel outside the United States for an unplanned event, such as for a funeral. Expedited processing of a travel document may also be warranted when there is a pressing or critical need to travel outside the United States for a planned event, but processing times prevent USCIS from issuing the travel document by the planned date of departure. When there is a request to expedite processing of a travel document for a planned event, we will consider whether the applicant timely filed  Form I-131 or timely responded to a request for evidence.

NOTE:  A benefit requestor’s desire to travel solely for vacation generally does not meet the definition of a pressing or critical need to travel.

We generally require documentation to support an expedite request. Examples of evidence that may support travel-related expedite requests are outlined in the following table.

Examples of a pressing or critical need to travel outside the United States may include:

• A requestor who has a pressing or critical need to travel outside the United States to obtain medical treatment in a limited amount of time.
• A requestor who has a pressing or critical need to travel outside the United States due to the death or grave illness of a family member or close friend.
• A requestor who applied for a travel document 5 months ago when they learned of the event, but their case remains pending, and they must travel for a pressing or critical professional, academic, or personal commitment, which is now in 45 days.

A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests).

• A professional who is urgently needed for research related to a specific U.S. social interest.
• A university professor urgently needed to participate in a specific and imminent cultural program.
• A religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program.

This includes cases identified as urgent by a federal, state, tribal, territorial, or local government of the United States because they involve public interest, public safety, national interest, or national security interests. The request must be made by a person who has authority to represent the agency or department, such as an official, manager, supervisor, or tribal leader, on the matter for which expedited treatment is being requested. The request must demonstrate that the interests are pressing and substantive.

Where a federal agency or department is able to state a federal government interest in accordance with these criteria, we generally defer to that federal agency or department’s assessment.

If the request relates to employment authorization, the request must demonstrate that the need for the applicant to be authorized to work is critical to the mission of the requesting agency or department, and goes beyond a general need to retain a particular worker or person.

• A noncitizen victim or witness who is cooperating with a federal, state, or local agency and needs employment authorization because the respective agency is seeking back pay or reinstatement in court proceedings.
• A noncitizen scientist whose contributions are needed by a government lab or grantee.

USCIS may consider an expedite request based on clear USCIS error when a requestor establishes an urgent need to correct the error.

An example may include:

• An applicant who receives an Employment Authorization Document with incorrect information that prevents them from being able to work may request a replacement document on an expedited basis if we caused the error.

You generally may request we expedite your case after you receive a receipt notice. (The process to request an expedite is different in some circumstances. See the Specific Procedures section below.)

Before submitting an expedite request, you should:

• Check current  case processing times to determine whether you need an expedite.
• Check your  case status online . If there is an action on your case pending with you, such as submitting biometrics or evidence, you should complete these actions before submitting an expedite request.
• Check whether  premium processing service is available. We will not consider expedite requests for petitions and applications where premium processing service is available, unless the petitioner is designated as a nonprofit organization by the IRS and filing for a beneficiary whose services are needed to further the cultural or social interests of the United States.

Please make only one expedite request to reduce duplicate efforts and help us use our resources for quicker processing. Multiple requests may delay USCIS’s ability to expedite processing.

Expedite Requests for Travel Documents

If you are requesting expedited processing of a  travel document , you generally need to apply for and obtain the document before you leave the United States. You should make your expedite request on your pending application at least 45 days before you plan to leave the United States. (If you must travel within the next 15 days, see the  Emergency Travel page.)

For most cases, you may request an expedite by contacting the  USCIS Contact Center or by asking Emma.  (You can access Emma by clicking on the Ask Emma icon on the top right of this page). You need to explain why you need expedited processing. You also generally need to provide your receipt number to the USCIS Contact Center so they can send your request to the office that has your application or petition. If you have a USCIS  online account and have access to secure messaging, you may select “expedite” as the reason for your inquiry and submit your request there.

You generally need to justify your expedite request with evidence. When communicating with the Contact Center, you will be asked about supporting documentation. You should be prepared to supply this to the office processing your case.

If you have a USCIS  online account , you should upload evidence through your online account to support your expedite request in addition to calling the USCIS Contact Center. If you send a secure message, we will ask you to confirm that you have uploaded evidence in your account. If we receive an expedite request without evidence to support it, we will send you instructions on how to submit the evidence.

Note: The processes and requirements to request expedited adjudication are different in some circumstances. Refer to the chart under Specific Procedures below for expedite requests related to:

• Appeals/Motions

Some programs and circumstances have their own processes and requirements for requesting expedited adjudication and may have different expedite criteria. You should follow the specific procedures referenced below for requesting an expedite in the following circumstances:

We receive a large number of expedite requests. We generally send a response to expedite requests that are submitted through the Contact Center. However, to increase efficiency in processing expedite requests, we generally do not provide justification for expedite decisions.

A decision on an expedite request is not an approval or a denial of your underlying benefit request. The expedite decision simply determines whether we will take your benefit request out of order and try to issue a decision (approval or denial) faster than the normal processing time. We cannot make a decision on your benefit request until all processing requirements have been completed.

Some circumstances may prolong or inhibit our ability to expedite certain benefit requests. Examples include, but are not limited to, when:

• The benefit requestor must perform a certain action or submit additional documentation or evidence related to their benefit request, such as attend a biometric services appointment, be interviewed, or complete any required   immigration medical examination ;
• There is a required background check that remains pending with a third-party agency;
• An application or petition requires an on-site inspection; or
• An application or petition depends on the adjudication of a principal’s application or petition.