Sunday, 4 May 2014

All About Deferred Action For Alien Minors

By Tracie Knight


Individuals who gained illegal entry into the country can apply for deferral of prosecution. This is an acronym for deferred action for childhood arrivals. It was brought into force by the Dream Act.

There are as many critics of DACA as there are proponents. Some legislators are of the opinion that every illegal immigrant should be prosecuted and hauled back to their home country. On the other hand, some legislators think that children who went to the US to live a better life and enjoy the American dream should not be victimized for being dreamers.

This prosecutorial discretion, DACA, can only be exercised by the DHS in collaboration with the USCIS (US Citizenship and Immigration Services). When an application is received from an illegal immigrant, it is processed and the authorities may ask for more details if some of the key pieces of information are not clear.

DACA has very strict requirements. For instance, applicants must be less than 31 years old when submitting their applications. Only those who were less than 15 years old when they made their entry into the country can apply for DACA. The entry must also have been illegal. Those who entered the U. S. Legally, but their legal status expired before June 15, 2012, are also eligible for DACA. This only applies if the person continued to reside in the country illegally.

DACA applicants must satisfy several educational requirements to qualify. This is because DACA was not meant to benefit individuals who went to the United States to work or lazy around. It was written for individuals who went to the US to study and pursue a better life. An applicant must either be still in school or graduated high school. A GED may also be accepted. Those who were discharged honorably from the armed forces are also eligible.

When processing DACA, national security and public safety are usually given a priority. A person who can threaten the safety of Americans cannot be allowed to continue residing in the country illegally. The DHS will run a background check for any criminal history before approving any application. Local and international security agencies are normally involved in this screening process.

The main provision of DACA is deferral of prosecution and removal action of a qualifying illegal immigrant. The presence of these illegal immigrants is recognized by law enforcement agencies but prosecution is postponed to a later date. When the deferral period expires, renewal may be sought.

Applicants who have committed several serious misdemeanors or felonies in the past should expect their application to be rejected. This is because agencies that are responsible for public safety and security of the nation cannot allow aliens with criminal history to continue living in the country.

To qualify for DACA, applicants must produce evidence of their continuous stay in the United States since gaining illegal entry. Proof of physical presence in the country, school transcripts and original identification from the country or origin may also be needed. The authorities may also ask for a birth certificate.




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