Can you fly domestically with DACA in 2022?

The DACA final rule takes effect on Oct. 31, 2022, to the extent permitted by current court orders. The final rule generally codifies existing policies with limited changes to preserve and fortify DACA. While the new rule will apply to applications considered as of Oct. 31, currently valid grants of DACA, related employment authorization, and advance parole will continue to be recognized as valid under the final rule. If you have a pending renewal application, you do not need to reapply.

Effective Oct. 31, 2022, we will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule, consistent with court orders and an ongoing partial stay. We will also continue to accept and process applications for advance parole for current DACA recipients, and we will continue to accept but not process initial DACA requests. DHS is currently prohibited from granting initial DACA requests and related employment authorization under the final rule due to the Oct. 14, 2022 order issued by the U.S. District Court for the Southern District of Texas, which extended its injunction and partial stay to the DACA final rule.

For more information, see the News Release.

ALERT: Court decisions regarding DACA.

Please see the DACA Litigation Information Page for important updates and information related to court rulings on the DACA policy. On Oct. 5, the U.S. Court of Appeals for the Fifth Circuit affirmed a July 2021 decision of the U.S. District Court for the Southern District of Texas declaring the 2012 DACA policy unlawful. The Fifth Circuit, however, preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DACA rule. On Oct. 14, the U.S. District Court for the Southern District of Texas issued an order extending its injunction and partial stay to the DACA final rule.

At this time and while the stay remains in place, current grants of DACA and related Employment Authorization Documents are valid, and USCIS will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule. USCIS will continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but not process initial DACA requests.

This page provides information on requesting Consideration of Deferred Action for Childhood Arrivals (DACA). You may request DACA for the first time or renew your existing period of DACA if it is expiring. Please note: While a July 16, 2021, injunction (PDF, 401.59 KB) from the U.S. District Court for the Southern District of Texas, which was  affirmed by the U.S. Court of Appeals for the Fifth Circuit, and on Oct. 14, 2022 was extended by the district court to the DACA final rule, remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule.

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What Is DACA

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of 2 years, subject to renewal. They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.

On Aug. 30, 2022, DHS published the DACA Final Rule, with the intent to preserve and fortify the DACA policy. This rule, which puts into effect regulations at 8 CFR 236.21-236.25, rescinds and replaces the DACA guidance set forth in the 2012 Memorandum issued by Secretary Napolitano.

Request DACA for the First Time

The following information explains the guidelines for requesting DACA for the first time. Please note: While a July 16, 2021, injunction (PDF, 401.59 KB) from the U.S. District Court for the Southern District of Texas, which was affirmed by the U.S. Court of Appeals for the Fifth Circuit, and on Oct. 14, 2022 was extended by the district court to the DACA final rule, remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. If you need further information and cannot find it in our Frequently Asked Questions, you can call the USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833. Representatives are available Monday-Friday from 8 a.m. to 8 p.m. Eastern Time.

Guidelines

A request for DACA may be granted only if USCIS determines in its sole discretion that you meet each of the following threshold criteria and merit a favorable exercise of discretion:

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

Age Guidelines

Anyone requesting DACA must have been under the age of 31 as of June 15, 2012 (this means you must have been born on or after June 16, 1981).

Timeframe for Meeting the Guidelines

You must demonstrate

• Were under the age of 31 years;
• Were physically present in the United States; and
• Had no lawful immigration status

• Have resided continuously in the U.S. since June 15, 2007;
• Had come to the United States before your 16th birthday;
• Were physically present in the United States;
• Have no lawful immigration status; and
• Are in school, have graduated from high school in the United States, or have a GED; or are an honorably discharged veteran of the Coast Guard or armed forces of the United States.

Education and Military Service Guidelines

I have:

• graduated from a public or private high school;
• graduated from a public or private secondary school; or
• obtained a GED.

I am currently enrolled in school.

See the Education section of the FAQs for a full explanation of who is considered currently in school.

Please see our Frequently Asked Questions for more detail on school-related guidelines.

Filing Process for DACA

If you meet the guidelines for DACA, you will need to complete the following steps to make your request to USCIS.

Examples of Documents to Submit to Demonstrate you Meet the Guidelines 
Please see the instructions (PDF, 473.69 KB) to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, for further details on acceptable documentation.

• Passport or national identity document from your country of origin
• Birth certificate with photo identification
• School or military ID with photo
• Any U.S. government immigration or other document bearing your name and photo

• Passport with admission stamp
• Form I-94/I-95/I-94W
• School records from the U.S. schools you have attended
• Any Immigration and Naturalization Service or DHS document stating your date of entry (e.g., Form I-862, Notice to Appear)
• Travel records
• Hospital or medical records
• Employment records (pay stubs, W-2 Forms, etc.)
• Official records from a religious entity confirming participation in a religious ceremony
• Copies of money order receipts for money sent in or out of the country
• Birth certificates of children born in the United States
• Dated bank transactions
• Automobile license receipts or registration

Proof of immigration status

• Form I-94/I-95/I-94W with authorized stay expiration date
• Final order of exclusion, deportation, or removal issued as of June 15, 2012
• A charging document placing you into removal proceedings

• Rent receipts or utility bills
• Employment records (pay stubs, W-2 Forms, etc.)
• School records (letters, report cards, etc.)
• Military records (Form DD-214 or NGB Form 22)
• Official records from a religious entity confirming participation in a religious ceremony
• Copies of money order receipts for money sent into or out of the country
• Passport entries
• Birth certificates of children born in the United States
• Dated bank transactions
• Automobile license receipts or registration
• Deeds, mortgages, rental agreement contracts
• Tax receipts, insurance policies
• Affidavits stating the start of the continuous presence period if you arrived in the United States before age 8

Proof you continuously resided in U.S. since June 15, 2007

• Official records (transcripts, report cards, etc.) from the school that you are currently attending in the United States.
• U.S. high school diploma or certificate of completion
• U.S. GED certificate

• Form DD-214, Certificate of Release or Discharge from Active Duty
• NGB Form 22, National Guard Report of Separation and Record of Service
• Military personnel records
• Military health records

See our Frequently Asked Questions for information on submitting affidavits or circumstantial evidence to support your request.

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

Use the most recent version of the form linked on our website or USCIS will reject your form.

Please review the Filing Fee section of the Forms I-821D
and I-765 pages for detailed information.

These fees cannot be waived.

I-765WS, Worksheet (PDF, 243.14 KB)

Please see www.uscis.gov/i-765 for the edition date of the Form I-765 and Form I-765WS currently being accepted.

Completing Your Forms

• You must file the most recent version of Form I-821D from our website. USCIS will reject older versions of the form if you submit them.
• Write your name, date of birth, and mailing address exactly the same way on each form.
• If you are filing your renewal request by mail, we prefer that you download the forms from our website, fill them out electronically and then print your completed forms to mail.
• Make sure you are using the most current version of the forms. The correct, most current edition of every USCIS form is always available to download for free on our website.
• If you complete the forms by hand, use black ink only. Do NOT use highlighters or red ink on your forms. These could make your materials unreadable when scanned.
• If you must make changes on a form, we recommend that you begin with a new form, rather than trying to white out information. This can lead to scanning errors.
• Ensure that you provide all required supporting documentation and evidence.
• Be sure to sign all of your forms.

Filing Your Forms

• We will reject your request if you fail to submit Forms I-821D, I-765, I-765WS, and the correct fees.
• Organize and label your evidence by the DACA guideline that it meets.
• Be sure that you mail all pages of the forms.
• Mail the forms to the correct USCIS Lockbox.
• If you have questions, call the USCIS Contact Center at 1-800-375-5283; do NOT visit a USCIS field office.

Mail your forms to the appropriate USCIS Lockbox.
See the mailing instructions for Form I-821D. Include the required forms, fees and supporting documentation with your filing. Remember to carefully follow instructions and fully complete your forms. We will not accept incomplete forms or forms without proper fee. We will mail you a receipt after accepting your request. You may also choose to receive an email and/or text message notifying you that your form has been accepted by completing a Form G-1145, E-Notification of Application/Petition Acceptance.

UPDATE: Create a USCIS online account for DACA requests.

Anyone who submits a DACA request can create a USCIS online account to track and manage their case online. If you submit a DACA request, you will receive a USCIS Account Acceptance Notice in the mail with instructions on how to create a USCIS online account.

Having a USCIS online account allows you to:

• Check the status of your case;
• Receive notifications and case updates; and
• Manage your contact information, including updating your address.

If you are an attorney or accredited representative, creating a USCIS online account will allow you to manage all of your clients’ DACA requests in one place. We will continue processing your DACA request even if you choose not to access your USCIS online account. You will continue to receive notifications and updates about your case by mail through the U.S. Postal Service.

Note for Attorneys and Accredited Representatives: You should have only 1 USCIS online representative account. When you receive an Account Acceptance Notice for a paper form filed at a USCIS Lockbox on behalf of your client, please ensure that you enter the same personal information that you provided on the Form G-28 submitted with your client’s original application, petition or request. If the information you use to access your online representative account does not match the information you provided on the Form G-28, you may be unable to access your client’s case.

Visit an Application Support Center (ASC) for biometric services.
After USCIS receives your complete request with fees, we will send you a notice scheduling you to visit an ASC to for biometric services. If you fail to attend your ASC appointment, we may deny your DACA request. Children under 14 in removal proceedings, with a final removal order, or with a voluntary departure order, and who are not in immigration detention, will appear at the ASC for photographs only.

Fee Exemptions

There are very limited fee exemptions available. Your request for a fee exemption must be filed and favorably adjudicated before you file your DACA request without a fee. In order to be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS demonstrating that you meet 1 of the following conditions:

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

Submit the following types of evidence:

• Affidavits from community-based or religious organizations to establish a requestor’s homelessness or lack of parental or other familial financial support.
• Copies of tax returns, bank statement, pay stubs, or other reliable evidence of income level.
• An affidavit from the applicant or a responsible third party attesting that the applicant does not file tax returns, has no bank accounts, and/or has no income to prove income level.
• Copies of medical records, insurance records, bank statements, or other reliable evidence of unreimbursed medical expenses of at least $10,000.

We will send you a Request for Evidence (RFE) if we have questions about the evidence you submitted.

You can find additional information on our Fee Exemption Guidance Web page.

Note: There are no fee waivers available for DACA requests and employment authorization applications connected to DACA.

If USCIS Grants DACA and Employment Authorization in Your Case

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

In general, only noncitizens who have permission from DHS to work can apply for a Social Security number.  If USCIS grants DACA, you can find additional information about Social Security Number and Card for Deferred Action for Childhood Arrivals (PDF) on the Social Security Administration website.

If USCIS Does Not Grant DACA in Your Case

If USCIS denies your request for DACA, you cannot file an administrative appeal or a motion to reopen or reconsider. See 8 CFR 23.23(c)(3). USCIS will not review its discretionary determination to deny your request for DACA.

Under 8 CFR 236.23(c)(2), USCIS will not issue a Notice to Appear or refer a requestor’s case to U.S. Immigration and Customs Enforcement (ICE) for possible enforcement action based on the denial of your DACA request unless we determine that your case involves denial for fraud, a threat to national security, or public safety concerns. For more information on notices to appear, visit uscis.gov/NTA.

Administrative Errors

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

Examples:

• USCIS believes you abandoned your case by not responding to a request for evidence (RFE), and you believe you did respond within the prescribed time; or
• USCIS mailed the RFE to the wrong address, even though you had submitted a Form AR-11, Change of Address, or changed your address online at uscis.gov before we issued the RFE.

You can find a full list of possible errors in our Frequently Asked Questions.

To make a service request, you must call the USCIS Contact Center at 800-375-5283. For people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833. A USCIS representative will then forward your request to the proper USCIS office. Your service request will be reviewed for accuracy and USCIS will send you a letter informing you of its decision.

The USCIS Contact Center is open Monday – Friday from 8 a.m. – 8 p.m. Eastern Time.

Travel Information

Certain travel outside the United States may affect the continuous residence guideline. Traveling outside the United States before Aug. 15, 2012, will not interrupt your continuous residence if the travel was brief, casual, and innocent. If you travel outside the United States on or after Aug. 15, 2012, and before we make a decision on your request for DACA, you will not be considered for DACA.

The following chart explains whether your travel will affect your continuous residence.

• Brief,
• Casual, and
• Innocent

• For an extended time
• Because of an order of exclusion, deportation, or removal
• To participate in criminal activity

• Any

Yes. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case and you cannot travel until you receive advance parole.

• Any

Yes. You cannot travel while your request is under review. You cannot apply for advance parole unless and until DHS has determined whether to defer action in your case.

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

• Any

Once USCIS has approved your request for DACA, you may file Form I-131, Application for Travel Document, to request advance parole to travel outside of the United States. If you travel outside the United States without first receiving advance parole and then enter the United States without inspection, USCIS may terminate your DACA after issuing a Notice of Intent to Terminate with an opportunity to respond. DACA recipients who depart the United States without first obtaining an advance parole document run a significant risk of being unable to reenter the United States; obtaining an advance parole document prior to departure is strongly encouraged to reduce the risk of being unable to return and resume DACA.

For detailed information see the Travel section of the Frequently Asked Questions.

National Security and Public Safety Guidelines

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

• A felony offense;
• A significant misdemeanor offense (as described at 8 CFR 236.22(b)(6)); or
• 3 or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct.

Or

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

What is the difference between a “significant misdemeanor” (a misdemeanor as described at 8 CFR 236.22(b)(6)), a “non-significant misdemeanor” (other misdemeanor), and a “felony”?

A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding 1 year.

A significant misdemeanor (that is, a misdemeanor as described at 8 CFR 236.22(b)(6)) is a misdemeanor as defined by federal law (specifically, a misdemeanor for which the maximum term of imprisonment authorized is 1 year or less but greater than 5 days) and:

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

A single conviction for a misdemeanor offense as described at 8 CFR 236.22(b)(6) is disqualifying for purposes of DACA.

A crime is considered a non-significant misdemeanor (referred to as “other misdemeanor” at 8 CFR 236.22(b)(6)) as defined by federal law (specifically, a misdemeanor for which the maximum term of imprisonment authorized is 1 year or less but greater than 5 days) and:

1. Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; and
2. Is an offense for which you were sentenced to time in custody of 90 days or less.

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

A minor traffic offense is not considered a misdemeanor for purposes of 8 CFR 236.22(b)(6) and is not per se disqualifying for DACA purposes. DHS considers such offenses in the totality of circumstances to determine if a requestor merits a favorable exercise of prosecutorial discretion. However, driving under the influence is a disqualifying misdemeanor as described at 8 CFR 236.22(b)(6) regardless of the sentence imposed.  You can find detailed information in the Criminal Convictions section of the Frequent Asked Questions.

Don’t Be a Victim of Immigration Scams

Dishonest practitioners may promise to provide you with faster services if you pay them a fee. These people are trying to scam you and take your money. Visit our Avoid Scams page to learn how you can protect yourself from immigration scams.

Make sure you seek information about DACA from official government sources such as USCIS or the Department of Homeland Security. If you are seeking legal advice, visit our Find Legal Services page to learn how to choose a licensed attorney or accredited representative.

Remember you can download all USCIS forms for free at www.uscis.gov/forms.

Combatting Fraud

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

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