Sunday, 4 May 2014

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.

A different form from what was used during initial application is filled when renewing. The department responsible is in the process of releasing new forms. New applicants can use the old forms which are provided online. The forms are available from the website of the relevant department for filling and submission.

Deferred action grants relief at the discretion of DHS. Those eligible are persons in the process of removal proceedings, those with final removal orders or those who have never undergone proceedings of this nature. Beneficiaries are at liberty to apply for employment since they are considered to be legally under the color of the law.

Deferred action status does not guarantee future citizenship or permanent residence. Each of these statuses has independent requirements. The DHS holds the discretion on approval and revocation in case some information was concealed or rules bleached during the process of application. Applicants must have been 31 years or younger as of June, 15th 2012. A person who landed to the US before attaining 16 years of age qualifies for this status.

Applicants must have lived in US for the last five years since 15th June 2007. A brief absence during the five years can be explained away without compromising your chances of gaining the status. It may include a working trip or for humanitarian work.

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.

Applicants are required to support the claims made in the application forms using legal documents. A biographic check and biometric background check must be carried out before any application is approved. These are mandatory tests for all applicants which must be completed and passed.

Significant misdemeanor is likely to jeopardize the chances of approval. The decision is made by DHS and does not matter how long the applicant was convicted. Domestic abuse, sexual exploitation or abuse, burglary, drug trafficking and distribution, possession of unauthorized firearms and driving under influence fall among issues that affect eligibility.

There is a lockbox administered by USCIS through which applications are submitted. A person undergoing removal proceedings is allowed to apply directly. Detained persons have to seek permission from responsible officers to assist with application. No application fees are required. The charges to consider include biometric tests and employment authorization processing. Persons who are exempt from these fees include the disabled, those under foster care and anyone with a medical condition that is related to debt.




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