In any country, illegal immigrants are not welcome. While most governments simply prosecute and deport illegal aliens back to their countries, US law is a little bit different. Legislators have given the Department of Homeland Security (DHS) prosecutorial discretion when it comes to handling issues concerning illegal immigrants. Through DACA, the DHS can either deport an illegal immigrant immediately or defer the removal action to a later date.
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.
This law favors aliens who sneaked into the country before 15th June, 2012, when this law came into existence. Potential candidates must have lived in the country for a period not less than 5 years since their arrival. A clean criminal record and remarkable behaviour in school are two of the most important things that federal authorities usually consider when processing applications.
Educational qualifications usually carry a lot of weight, and school dropouts cannot apply since deferred action is only applicable to school-going applicants, high school graduates or those with GED. Those who applied for Student Visa to study in the United States, can also apply for deferred action. This condition works if only they have been living continuously in the country even after visa expiration.
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.
Deferral of removal action is only authorized if the applicant does not pose any health or security risk to the public. Unlawful voting, voter fraud, marital fraud, felony conviction, or three misdemeanors can disqualify a person from this rule. The DHS normally runs a thorough background check to ensure that applicants do not pose a national security risk.
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 what gave rise to this program. It has as many supporters as critics from both sides of the legislature. The law is not an entitlement, so the DHS and USCIS can deport any illegal immigrant at any time. It is simply a prosecutorial discretion power wielded by DHS and USCIS. The downside with this law is that anyone who has reached 35 years and meets all the other requirements cannot qualify for this law.
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.
This law favors aliens who sneaked into the country before 15th June, 2012, when this law came into existence. Potential candidates must have lived in the country for a period not less than 5 years since their arrival. A clean criminal record and remarkable behaviour in school are two of the most important things that federal authorities usually consider when processing applications.
Educational qualifications usually carry a lot of weight, and school dropouts cannot apply since deferred action is only applicable to school-going applicants, high school graduates or those with GED. Those who applied for Student Visa to study in the United States, can also apply for deferred action. This condition works if only they have been living continuously in the country even after visa expiration.
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.
Deferral of removal action is only authorized if the applicant does not pose any health or security risk to the public. Unlawful voting, voter fraud, marital fraud, felony conviction, or three misdemeanors can disqualify a person from this rule. The DHS normally runs a thorough background check to ensure that applicants do not pose a national security risk.
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 what gave rise to this program. It has as many supporters as critics from both sides of the legislature. The law is not an entitlement, so the DHS and USCIS can deport any illegal immigrant at any time. It is simply a prosecutorial discretion power wielded by DHS and USCIS. The downside with this law is that anyone who has reached 35 years and meets all the other requirements cannot qualify for this law.
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