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.

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.

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 several requirements that must be met by applicants. The first thing that applicants must prove is that they entered the country illegally before the law was enacted. Secondly, applicants must prove that they are not over 31 years old. Applicants must prove that they came to the United States as minors. Students and individuals who came to the U. S. Through Work or Student Visas can also apply if they continued to stay in the country after expiry of their Visas.

To qualify for DACA, there are some educational requirements that must be met. For one, the applicant must be in school or graduated high school. Those who have obtained a GED can also apply. Individuals who served in the coast guard, or any other armed force of the US, with an honorable discharge also qualify.

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.

Previous history of felonies or multiple serious misdemeanors may lead to rejection of DACA applications. Obviously, an agency that is tasked with ensuring national security cannot allow criminal elements to continue living in the US the safety of the public is usually given strong consideration.

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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