Criteria And Eligibility For DACA Status

By Tracie Knight


Deferred action for childhood arrivals began in 2012 under DHS. It seeks to provide legal immigration status and a chance to be considered for employment for a period of two years. The status is renewable. The first phase expires in September 2014 and the applicants are required to process the renewal of their stay. This will ensure that DACA beneficiaries do not experience any lapse in their status.

Initial application and renewal requests are done using different forms. The DHS is releasing new forms to be used in renewing. Old forms are still available for use during initial application. These forms are available online which makes it convenient for applicants in all states.

The DHS has the discretion on whom to grant deferred action status. Some of the people eligible to apply include those undergoing removal processes. An applicant at the final stages of removal orders is eligible. The status grants the beneficiary the right to work in any sector since his or her immigration status is legal.

Deferred action status does not guarantee citizenship or lawful permanent residence. The status can be withdrawn or revoked at any time depending on prevailing circumstances. The beneficiaries must have been 31 years and below by June 15th 2012. Those who arrived in US below the age of 16 may also apply.

Successful applicants must have lived in the US since June 15th 2012 in order to be eligible. Absence from US for a brief period does not compromise the chances of legal status. Some excusable reasons include humanitarian work or a brief working trip to another country.

Candidates for this status include persons who escaped security checks and gained entry into US any date before 15th June 2012. A person with an expired lawful status stands a chance. This is an opportunity to have it renewed. Such a person must have landed in the US by 15th June 2012.

Students studying in US colleges and universities are eligible to apply. Those who have already graduated stand a chance to gain lawful immigration status. A person who has attained GED is allowed to apply and has equal chances of approval. Persons honorably discharged from the army or coast guard may apply.

Documentary evidence is required during application to support the claims made in the form. Applicants must complete biometric background checks and biographic checks and pass the tests. These checks and tests are mandatory with no application being approved without such results.

Factors that may jeopardize the chances of approval include significant misdemeanor. The verdict lies in the hands of DHS and does not matter how long the conviction has been. Cases of sexual abuse or exploitation, burglary, domestic abuse, unlawful possession of firearms, drug trafficking and distribution or driving under influence are considered under significant misdemeanor.

The USCIS has a lockbox that allows applications to be submitted directly. A person undergoing removal proceedings goes directly to USCIS while one in detention has to alert the detention officer before applying. The form for application is free but one incurs such expenses as biometric tests and employment authorization documents. Waiver for the fees is available in special circumstances covering persons under foster care, disabled or those with medical conditions that are related to debts.




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