Frequently Asked Questions
Toggle ItemAre there resources available on-campus to help renew DACA or TPS?
BYU Law offers a variety of live-client clinics that allow students to practice legal skills under the supervision of a faculty member or practicing attorney.
The Community Legal Clinic provides free legal services to those in need. Second and third year law students under the direction of Professor Carl Hernandez represent clients in matters including immigration, contracts, housing, and other matters. Citizenship and other community classes are also taught at the clinic.
Deseret Industries, 2nd Floor
1415 N. State St.
Provo, UT 84604
Thursdays from 5pm-7pm (Closed holidays)
Assistance available in English & Spanish
Toggle ItemCan I travel if I am a student with DACA status?
We strongly encourage you not to travel outside of the United States if you are in DACA status. However, the USCIS website currently states the following regarding advanced parole for travel:
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 ($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.
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.
Toggle ItemCan I work on campus as an undocumented student?
All non-U.S. citizen student employees at BYU are required to show proof of a valid employment authorization document (EAD) and social security number (SSN) in order to work on campus. Students who have obtained an EAD through a USCIS process like DACA or TPS are eligible to work on campus.
Toggle ItemCan undocumented students apply for FAFSA (Free Application for Federal Student Aid)?
No, in order to be eligible for FAFSA a student must have U.S. citizenship or permanent resident status.
Toggle ItemHow is the University supporting undocumented students?
BYU does not keep or track your lawful status as an undocumented student. Admission to the university is based on a holistic review that is the same for all students, regardless of an individual's national origin and residency. Additionally, the DREAMer support services provided by International Student & Scholar Services, Multicultural Student Services, and Student Success & Inclusion provide a safe place for all undocumented and DACA students to seek support services and advising. We strive to help you feel a valued part of the BYU community regardless of your lawful standing and our advisors would love to visit with you anytime.
At this time there are no designated BYU scholarships exclusively for undocumented students; however, all students may apply for academic awards and department scholarships. BYU does have a special loan program for undocumented students and a database of scholarships open to students of all immigration statuses.
We highly recommend undocumented students meet with their assigned advisors to explore the different kinds of support that are available to them during their time at BYU.
Toggle ItemWhat does it mean to be undocumented?
The term "undocumented" refers to individuals born outside of the country in which they are residing without the proper legal documentation. In the United States, this includes individuals and families who have entered without the inspection of Customs and Border Patrol (CBP) or on a tourist, work, or student visa which is no longer valid.
Toggle ItemWhat financial resources are available to undocumented students at BYU?
Because admission to BYU is dependent on a holistic review of your application that is the same for all students, there are academic awards and department scholarships available to all enrolled BYU students regardless of citizenship or nationality. However, because undocumented students are classified as international (non-U.S. citizen) students, they are not eligible for need-based scholarships.
Currently, there are no designated on-campus scholarships designated solely for undocumented students. However, there is a special institutional loan available to undocumented students and a scholarship database that students can look through of private scholarships not funded by the school. Students should meet with their designated advisors to explore other financial resources that may be available to them.
Toggle ItemWhat is DACA?
On June 15, 2012, the Secretary of Homeland Security announced that certain undocumented youth who came to the United States as children (commonly known as “Dreamers”) and who met several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.
Individuals who can demonstrate through verifiable documentation that they meet the specified guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the DACA guidelines.
Toggle ItemWhat is the current status of the DACA program?
On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.” The Court granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims; vacated the June 15, 2012 DACA memorandum issued by former Secretary of Homeland Security Napolitano; remanded the memorandum to DHS for further consideration; and issued a permanent injunction prohibiting the government’s continued administration of DACA and the reimplementation of DACA without compliance with the APA. The Court, however, temporarily stayed its order vacating the DACA memorandum and its injunction with regard to individuals who obtained DACA on or before July 16, 2021, including those with renewal requests.
Consistent with this order, DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, pursuant to the July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy.
A summary of this 2021 Ruling on DACA can be found here.
Toggle ItemWhat is UT HB 144?
In 2002, the Utah State Legislature passed House Bill 144 which allows eligible Utah high school graduates the opportunity to attend universities and colleges in the state of Utah at an in-state tuition rate. A student can qualify for this waiver if they:
- Attended a Utah high school for three or more years.
- Graduated or will graduate from a Utah high school or attained the equivalent of a high school diploma (GED) in Utah.
- Have not registered for college classes prior to the Fall 2002 academic school year.
- Do not hold a current visa.
- Have filed or will file an application to adjust to a lawful immigration status as soon as they are eligible to do so.
While BYU is a private institution and not subject to HB 144, there are not limitations in the application process based on citizenship, and tuition is equalized across all students regardless of state residency or citizenship status. Because BYU is a non-profit corporation affiliated with the Church of Jesus Christ of Latter-day Saints funded largely by the tithes of Church members, Church members are assessed lower tuition fees than those who are not members. This practice is similar in principle to that of state universities charging higher tuition to nonresidents.