Wednesday 30 April 2014

All About Deferred Action For Alien Minors

By Tracie Knight


Illegal aliens who entered the United States in their childhood are eligible for DACA if they meet certain requirements. DACA basically means deferred action for childhood arrivals. It is a law that came into force with the passing of the Dream Act a few years ago. The law was passed on June 15, 2012, so it only applies to those who sneaked into the country before this date.

DACA has as many opponents as proponents. While some people think that all illegal immigrants should be deported, many legislators think that there are some few individuals who should be given a chance to continue living, studying or working in the United States. Deportation of these dreamers should therefore be postponed to a later date, according to these legislators.

This prosecutorial discretion, DACA, can only be exercised by the DHS in collaboration with the USCIS (US Citizenship and Immigration Services). When an application is received from an illegal immigrant, it is processed and the authorities may ask for more details if some of the key pieces of information are not clear.

DACA has very strict requirements. For instance, applicants must be less than 31 years old when submitting their applications. Only those who were less than 15 years old when they made their entry into the country can apply for DACA. The entry must also have been illegal. Those who entered the U. S. Legally, but their legal status expired before June 15, 2012, are also eligible for DACA. This only applies if the person continued to reside in the country illegally.

Educational qualification is an important requirement when it comes to DACA. Applicants must have at least obtained a GED, high school diploma or be actively pursuing these qualifications. Honorable discharge from the military or coast guard is also an acceptable qualification.

Security is normally given priority when applications are being processed. DACA applicants must go through a rigorous criminal background check that is carried out at the national and international levels. Those who have a tainted past cannot be approved for deferral of removal action. The DHS normally works with agencies that are tasked with safeguarding America.

DACA provisions include deferral of removal or presecutorial action on an illegal immigrant to a later date. The law recognizes the presence of the illegal immigrant but cannot take action on that person for at least two years. Once this period expires, the individual may apply for renewal.

The USCIS and DHS cannot approve any application from a person who has a criminal history. Four misdemeanors or other criminal activity will lead to automatic disqualification. For these government agencies, public safety comes first.

To qualify for DACA, applicants must produce evidence of their continuous stay in the United States since gaining illegal entry. Proof of physical presence in the country, school transcripts and original identification from the country or origin may also be needed. The authorities may also ask for a birth certificate.




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