How Deferred Action Works In The US

By Lila Bryant


There are many individuals in the United States of America who crossed its borders illegally. Every illegal immigrant wishes not to be found by the authorities since they will be arrested and charged. In the vast majority of cases, deportation serves as the main punishment, but there are other solutions provided by law. The good news for these people is that a law known as the Dream Act was passed in 2012. This act allows persons who entered the US illegally, to have their deportation case postponed in a process known as deferred action.

DACA, as it is commonly referred to, was passed on June 15, 2012. It is more of a directive than a law. This instruction gives the immigration and national security agencies the powers to defer deportation of individuals who meet a certain criteria. However, there are strict requirements associated with this law.

To qualify for DACA, applicants have to meet a number of conditions. The most important condition is the date of entry; it must be before the law was enacted. Secondly, the applicant must have gained illegal entry before the age of 16 years. Thirdly, the applicant must have lived in the country for two consecutive years before the law was enacted.

Few people normally pass the test, out of the thousands of applicants. An individual might have passed the other qualifications but being over 31 years old may disqualify him or her. Education can work to the advantage of applicants who may be in educational institutions seeking a high school diploma or have a GED certificate. Individuals who may have been relieved of their duties in armed forces without any issue may apply.

DACA is best suited for people who are hardworking, honest and law-abiding. Any suspicious characters within the US soil are normally put under the microscope. Although an applicant may have fulfill all the minimum requirements, any slight indication of criminal activity may lead to denial of DACA application and prosecution.

Some of the things that are required by the authorities include proof of: identity, date of birth, nationality, date of entry and continuous residence for two years before the law was enacted. In some cases, school transcripts and a birth certificate may be sufficient. However, the authorities may ask for more information. It is important to note that the DHS and the USCIS reserve the right to turn down or accept any application.

Many think that DACA leads to a permanent US residency or citizenship, but they are misinformed. It has a validity period of two years, and may be renewed when it expires. An extension is available but the authorities usually look at the conduct of these individuals to see whether their application is legit. This means there are no guarantees.

DACA should never be mistaken for permanent residency, legal residency or US citizenship. It is only a deferral of removal action. This means that should anything change, the authorities will go after the applicant. For instance, involvement in criminal activity or anything that may compromise public safety and pose a danger to national security may lead to automatic revocation of the deferral.




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