In most countries, unlawfully residing persons are usually prosecuted in court and subsequently deported back to their countries. However, US law created by legislature gives the Department of Homeland Security (DHS) the power to decide whether or not to deport illegal immigrants. DACA provisions allows the DHS to instantly deportation aliens or defer their removal to a later date in some special circumstances.
Deferred Action for Childhood Arrivals, as the name suggests is only for aliens who migrated to the US illegally in their childhood. Generally, anyone who sneaked their way into the country before their 16th birthday can apply for deferred action. However, there are several other requirements that must be satisfied.
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.
There are crucial documents that an applicant must submit to the US Citizenship and Immigration Services. Compulsory documents include birth certificate, country of origin, identification card, proof of age, proof of entry into the US, academic transcripts and date of arrival into the country, and any other document the government may require.
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.
Deferred Action for Childhood Arrivals, as the name suggests is only for aliens who migrated to the US illegally in their childhood. Generally, anyone who sneaked their way into the country before their 16th birthday can apply for deferred action. However, there are several other requirements that must be satisfied.
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.
There are crucial documents that an applicant must submit to the US Citizenship and Immigration Services. Compulsory documents include birth certificate, country of origin, identification card, proof of age, proof of entry into the US, academic transcripts and date of arrival into the country, and any other document the government may require.
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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