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.
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.
Deferred action is meant for individuals who are in school, graduated high school or obtained their GED during their stay in the country. School dropouts cannot have their removal action deferred. Those who went to the United States to pursue their studies after obtaining a Student Visa can also apply for deferred action if they continued to reside in the country after their visas expired.
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.
Before even applying for a deferral, a background check is needed to ensure that a person does not pose a health or security threat. If a person is involved in crimes like marriage fraud, voter fraud, guilty of a felony or involvement in different misdemeanors, he or she will not qualify for this program. Before clearing an applicant, DHS normally runs a criminal background check on every applicant.
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 responsible for introduction of this program. During the legislative process, there was huge support as well as objections from both houses. It is important to note that the law itself is not the right of an individual, so the DHS and USCIS can do whatever they want. For instance, they can deport applicants immediately if they find out the some of the details provided during application were falsified. One of the most important points to note about deferred action is that you cannot qualify if you have reached 35 years.
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.
Deferred action is meant for individuals who are in school, graduated high school or obtained their GED during their stay in the country. School dropouts cannot have their removal action deferred. Those who went to the United States to pursue their studies after obtaining a Student Visa can also apply for deferred action if they continued to reside in the country after their visas expired.
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.
Before even applying for a deferral, a background check is needed to ensure that a person does not pose a health or security threat. If a person is involved in crimes like marriage fraud, voter fraud, guilty of a felony or involvement in different misdemeanors, he or she will not qualify for this program. Before clearing an applicant, DHS normally runs a criminal background check on every applicant.
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 responsible for introduction of this program. During the legislative process, there was huge support as well as objections from both houses. It is important to note that the law itself is not the right of an individual, so the DHS and USCIS can do whatever they want. For instance, they can deport applicants immediately if they find out the some of the details provided during application were falsified. One of the most important points to note about deferred action is that you cannot qualify if you have reached 35 years.
About the Author:
When you are looking for information about DACA, pay a visit to our web pages today. You can see details at http://www.immigrationgroup.com now.
Aucun commentaire:
Enregistrer un commentaire