Criteria And Eligibility For DACA

Deferred Action for Childhood Arrival is a scheme run by the American government under Department of Homeland Security. Successful applicants gain two years legal immigration status which is renewable upon expiry. The first phase of DACA expires in September 2014. Those who benefited from the initial phase are required to apply for renewal in order to guarantee legal stay.

Application forms for renewal differ from those used by applicants for the first time. New forms have already been released by responsible department through an online portal. First time applicants are still required to use the old forms. They are downloaded from the departmental website.

The DHS reserves exclusive rights to grant or decline an application. Individuals facing removal at any stage of the process can apply to regain legal status. Deferred action intervenes at any stage of removal. With a deferred action status, one may seek employment in any sector in US.

The deferred action status is temporally and does not guarantee permanent stay or US citizenship. The DHS reserves the power to withdraw the status if certain rules are bleached. A person who did not disclose all the information may have his status canceled. A successful applicant must have landed before attaining 31 years of age and not later than the 16th birthday.

Successful applicants must have stayed in the US for five uninterrupted years before 15th June 2012. Being absent for several weeks or days does not disqualify the applicant as long as it is explained. Excuses that are allowed include being away on humanitarian grounds or having gone to work abroad.

Deferred action provides an opportunity to individuals who entered US without undergoing immigration checks. Successful candidates must have been living in US before or on 15th June 2012. The scheme also opens opportunities to individuals with expired residential or working permits. It is a chance to have them renewed.

There are opportunities for students enrolled in universities or colleges to remain under deferred action. An opportunity is also provided to those who have graduated or with GED qualification. Others eligible for legal immigration status include service men that have honorably left coast guard or the army.

The process of application requires a person to file legal documents to support his claim for stay in US. The DHS conducts an extensive biometric and background check to ascertain such claims. The applicant is subjected through a through screening process that must be passed.

Some of the issues that are likely to compromise your chances include a record for significant misdemeanor. It is the DHS that determines if an issue qualifies under significant misdemeanor. Issues likely to jeopardize your chances include driving under influence, drug distribution and trafficking, possession of firearms unlawfully as well as sexual abuse and exploitation.

The applicants are required to submit their forms through the USCSI lockbox. Individuals under detention have to rely on the assistance and facilitation of detention officers. The cost varies especially when one has to process employment authorization documents and undergo biometric tests. Persons who enjoy waiver on part of the application fees include those with medical cases relating to debts, the disabled and children under foster care.

Read more about Criteria And Eligibility For DACA Program.

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