Consideration And Eligibility For DACA

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.

The form for initial application differs from that of renewal. This means that applicants have to wait for the new form to be released in order to renew. New applicants are allowed to use the old form during initial stages. The forms are available online. Applicants download and fill in the forms, later submitting them to the relevant department.

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.

It is not guaranteed that a person who has acquired deferred action status will get permanent residence status or guaranteed citizenship. DHS can withdraw the status after approval if certain rules are bleached or certain information was not disclosed. The upper age limit is 31 years as of 15th June 2012. A person who arrived before his or her 16th birthday is eligible.

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.

Individuals who entered US before June 15, 2012 without undergoing security checks are eligible to apply. Those with lawful status that expired before the same date also have a chance to have their status renewed. A person who was in the US by June 15, 2012 is eligible to apply.

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.

The conditions set for eligibility require legal proof to support your claim. There are biometric background checks and biographic checks that must be completed before the approval of any application. Every applicant must complete and pass these checks to stand any chance.

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.

Applications are made at the USCIS lockbox where the forms are submitted directly. Direct applications are allowed for persons undergoing removal processes while those under detention will require the intervention of detention officers. Application forms are provided free of charge. The cost escalates when one factors employment authorization fees and expenses for biometric tests. Applicants who are exempted from such fees include the disabled, persons under foster care or those with debt-related medical conditions.




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