In most nations around the globe, it is illegal for any foreigner to get into the country without the permission of the government. Usually, these individuals are prosecuted, when found, and taken back to their home countries. The law in the United States is a little bit unique in that some illegal immigrants can be allowed to continue living within US borders. The Department of Homeland Security has been given powers to deport or delay the action for several years. This law falls under the DACA program.
Just as the name suggests, Deferred Action for Child Arrivals, is designed to deal with immigrants who entered the US while still minors. In most cases, anyone who arrived in the country before the 16 year can apply for a deferral of removal action. However, this is not usually automatic since there are numerous requirements that must be fulfilled.
To quality for this rule, a person must have arrived in the country before this law was created; that's on 15th June 2012. Candidates must have also resided in the country continuously for at least 5 years after arrival. Only persons with good moral standing can apply for deferral of removal action. A criminal record automatically disqualifies a candidate from this rule.
Deferred action is meant for individuals who are in school, graduated high school or obtained their GED during their stay in the country. School dropouts cannot have their removal action deferred. Those who went to the United States to pursue their studies after obtaining a Student Visa can also apply for deferred action if they continued to reside in the country after their visas expired.
Applicants who had their deferred action request accepted are usually given temporary residency. This however should not be mistaken for permanent residency or citizenship since the responsible authorities can revoke the new status at any time. A revocation can be triggered by discovery of fraud in the application and criminal activity among other things.
Before even applying for a deferral, a background check is needed to ensure that a person does not pose a health or security threat. If a person is involved in crimes like marriage fraud, voter fraud, guilty of a felony or involvement in different misdemeanors, he or she will not qualify for this program. Before clearing an applicant, DHS normally runs a criminal background check on every applicant.
At the United states Citizenship and immigration Services (USCIS), several documents are required from the applicants. They include; an identification card showing details of the country you come from, a birth certificate, evidence of residency in the US, evidence of the arrival date into the United States, school transcripts and many other supporting documents. If any need arises, USCIS can ask for additional documents.
The Dream Act is responsible for introduction of this program. During the legislative process, there was huge support as well as objections from both houses. It is important to note that the law itself is not the right of an individual, so the DHS and USCIS can do whatever they want. For instance, they can deport applicants immediately if they find out the some of the details provided during application were falsified. One of the most important points to note about deferred action is that you cannot qualify if you have reached 35 years.
Just as the name suggests, Deferred Action for Child Arrivals, is designed to deal with immigrants who entered the US while still minors. In most cases, anyone who arrived in the country before the 16 year can apply for a deferral of removal action. However, this is not usually automatic since there are numerous requirements that must be fulfilled.
To quality for this rule, a person must have arrived in the country before this law was created; that's on 15th June 2012. Candidates must have also resided in the country continuously for at least 5 years after arrival. Only persons with good moral standing can apply for deferral of removal action. A criminal record automatically disqualifies a candidate from this rule.
Deferred action is meant for individuals who are in school, graduated high school or obtained their GED during their stay in the country. School dropouts cannot have their removal action deferred. Those who went to the United States to pursue their studies after obtaining a Student Visa can also apply for deferred action if they continued to reside in the country after their visas expired.
Applicants who had their deferred action request accepted are usually given temporary residency. This however should not be mistaken for permanent residency or citizenship since the responsible authorities can revoke the new status at any time. A revocation can be triggered by discovery of fraud in the application and criminal activity among other things.
Before even applying for a deferral, a background check is needed to ensure that a person does not pose a health or security threat. If a person is involved in crimes like marriage fraud, voter fraud, guilty of a felony or involvement in different misdemeanors, he or she will not qualify for this program. Before clearing an applicant, DHS normally runs a criminal background check on every applicant.
At the United states Citizenship and immigration Services (USCIS), several documents are required from the applicants. They include; an identification card showing details of the country you come from, a birth certificate, evidence of residency in the US, evidence of the arrival date into the United States, school transcripts and many other supporting documents. If any need arises, USCIS can ask for additional documents.
The Dream Act is responsible for introduction of this program. During the legislative process, there was huge support as well as objections from both houses. It is important to note that the law itself is not the right of an individual, so the DHS and USCIS can do whatever they want. For instance, they can deport applicants immediately if they find out the some of the details provided during application were falsified. One of the most important points to note about deferred action is that you cannot qualify if you have reached 35 years.
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