Criteria And Eligibility For DACA

By Lila Bryant


Deferred action is a scheme that seeks to provide legal status to immigrants to the USA. It is run under the Department of Homeland Security. It grants a two years legal stay that can be renewed upon expiry. Beneficiaries of the first phase of DACA scheme are required to renew their status by 2014 September.

The forms provided for renewal and those used during initial application differ. The DHS has already released the renewal forms through its website. The online portal is easy to use for those renewing their status. The old application forms are still being used by fresh applicants. The departmental website provides the forms for download.

The decision on whether an applicant qualifies or does not qualify is made by the DHS. The scheme provides another opportunity to individuals facing removal. It can be engaged at whichever stage of removal and grants successful applicants the chance to legally stay and work in US.

The deferred action status is temporally and does not guarantee permanent stay or US citizenship. The DHS reserves the power to withdraw the status if certain rules are bleached. A person who did not disclose all the information may have his status canceled. A successful applicant must have landed before attaining 31 years of age and not later than the 16th birthday.

Successful applicants must have stayed in the US for five uninterrupted years before 15th June 2012. Being absent for several weeks or days does not disqualify the applicant as long as it is explained. Excuses that are allowed include being away on humanitarian grounds or having gone to work abroad.

Deferred action provides an opportunity to individuals who entered US without undergoing immigration checks. Successful candidates must have been living in US before or on 15th June 2012. The scheme also opens opportunities to individuals with expired residential or working permits. It is a chance to have them renewed.

Students pursuing education in American universities and colleges qualify for temporary stay. Graduates of the same institutions and those who have attained GED are eligible. Former service men in the army or coast guard who left honorably qualify under the scheme.

Applicants are required to present supporting documents to support claims made on application forms. A thorough background and biometric test is conducted on applicants before approval. There is a threshold that must be attained for anyone to qualify.

Among the issues considered under significant misdemeanor are DUI, drug trafficking and distribution, sexual exploitation or abuse as well as unlawful possession of firearms. The discretion to grant legal status despite the misdemeanors lies with the DHS. The duration of conviction does not matter as long as an applicant has brushed with the law enforcement agencies.

The applicants are required to submit their forms through the USCSI lockbox. Individuals under detention have to rely on the assistance and facilitation of detention officers. The cost varies especially when one has to process employment authorization documents and undergo biometric tests. Persons who enjoy waiver on part of the application fees include those with medical cases relating to debts, the disabled and children under foster care.




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