Frequently Asked Questions
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 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 BYU International Student and Scholar Services office provides 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 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. BYU does have a special loan program for DACA recipients, and that can be found on the “Scholarships” link on this site, along with a list of off-campus scholarships for which undocumented and DACA students may qualify.
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 these 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 on our Instagram page.