How To Qualify For DACA

By Tiffany Gill


In an effort to revamp the country's immigration enforcement system, the government has come up with DACA. Deferred Action for Childhood Arrivals is a directive to the DHS giving it powers to delay removal of illegal immigrants. This prosecutorial discretion is exercised by the Department of Homeland Security in together with other government agencies that deal with citizenship, customs and immigration. In this directive, immigrants who got into the United States illegally may be allowed to continue residing in the US if they meet certain requirements.

Deferred action for childhood arrivals is applicable to individuals who entered the US illegally as minors, before their 16th birthday, and have continuously resided in the country from 2007 to June 15th, 2012. Their residency must be characterized by learning or working in the disciplined forces. Nobody is guaranteed deferred action as the Department of Homeland Security holds prosecutorial discretion.

In order to qualify, candidates must have been less than 31 years of age on 15th June 2012 when the law came into force. The applicant must not have any criminal record or pose any threat to public safety or national security. While residing in the country illegally, the applicant must have acquired a high school diploma, higher qualification, or currently working to achieve that qualification.

When applying for DACA, the applicant must prove that he or she entered the country illegally before June 15th, 2012. Individuals whose lawful residency status expired before this date, and have continued to reside in the country also qualify. All childhood arrivals after this date cannot be considered for deferred action.

The whole idea behind DACA is that those who meet all the requirements can be integrated into the American society and become constructive members. Deferred action makes it possible for illegal immigrants who meet the minimum requirements to continue studying in the US and get employment. It is important to note that once DACA is granted, it is only valid for two years, and can be renewed when it expires, if the applicant still meets the requirements.

Deferred action cannot be equated to legal residency. This is because the applicant will still be considered an illegal immigrant. It only allows individuals who have been living in the country illegally a chance to finish up what they are doing and go back to their own country or seek legal residency status. Deferred action is valid for two years only. It must therefore be renewed when this period lapses.

When providing information for DACA consideration, applicants need to be open and truthful. Any lie may lead to immediate removal action. They must also provide proof of identity, age, nationality, date they entered the country and places they have lived in since they came into the country. If all the key pieces of information are provided, then the application will be considered.

DACA is a bold step by the government towards reforming its immigration laws. Many deserving candidates have already had removal action deferred since the law came into force. The DHS, immigration, citizenship and customs departments are committed to protecting Americans within the country's borders.




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