Learn More About Deferred Action

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.

There are as many proponents of DACA as there are critics. While some legislators think that the law is too lenient on illegal aliens, others appreciate the human element in the legislation. The truth is that those who qualify for DACA are individuals who do not pose a threat, and they are only pursuing their dreams constructively, like most Americans.

DACA gives the USCIS and DHS prosecutorial discretion in cases involving illegal immigrants. Instead of deporting illegals, these agencies can defer that action for two years if the person in question meets the set criteria. However, that person must apply for the deferral and attach supporting documents. DACA approval is not the right of an individual so the authorities can choose to reject or approve an application.

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.

The main provision of DACA is deferral of prosecution and removal action of a qualifying illegal immigrant. The presence of these illegal immigrants is recognized by law enforcement agencies but prosecution is postponed to a later date. When the deferral period expires, renewal may be sought.

Applicants who have committed several serious misdemeanors or felonies in the past should expect their application to be rejected. This is because agencies that are responsible for public safety and security of the nation cannot allow aliens with criminal history to continue living in the country.

Continuous presence in the country for the 2 years leading up to the enactment date of this law is a requirement. Applicants must be able to prove this. School transcripts, birth certificate, national ID from the country of origin and any other relevant document must be produced when filing the DACA application.




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