Wednesday, April 30, 2014

Criteria And Eligibility For DACA Status

By Tracie Knight


Deferred action for childhood arrivals was initiated in 2012 with the aim of providing legal status and employment authorization for two years. The first phase of the program expires in September 2014 and is handled by USCIS. The department is working to ensure that beneficiaries can renew their daca status to avoid discontinuation.

A different form from what was used during initial application is filled when renewing. The department responsible is in the process of releasing new forms. New applicants can use the old forms which are provided online. The forms are available from the website of the relevant department for filling and submission.

The discretion to grant legal status lies with DHS. An applicant undergoing removal proceedings is eligible for the status. Those whose removal proceedings are in the final stages are also eligible to apply. Successful applicants can work in different sectors of the economy since their stay is legal.

Deferred action status does not guarantee future citizenship or permanent residence. Each of these statuses has independent requirements. The DHS holds the discretion on approval and revocation in case some information was concealed or rules bleached during the process of application. Applicants must have been 31 years or younger as of June, 15th 2012. A person who landed to the US before attaining 16 years of age qualifies for this status.

An applicant is required to have continuously lived in the US for five years prior to June 15th 2012. A brief absence that can be explained does not compromise your chances. Some of the excusable absences include humanitarian work or a working trip abroad.

Individuals who entered US before June 15, 2012 without undergoing security checks are eligible to apply. Those with lawful status that expired before the same date also have a chance to have their status renewed. A person who was in the US by June 15, 2012 is eligible to apply.

Persons pursuing education in US or those who have graduated from the US schools are considered upon application. An applicant who has obtained a GED is eligible and stands a chance during renewal or initial application. Persons honorably discharged from armed forces or the coast guard may apply for continued stay.

Documentary evidence is required during application to support the claims made in the form. Applicants must complete biometric background checks and biographic checks and pass the tests. These checks and tests are mandatory with no application being approved without such results.

Factors that may jeopardize the chances of approval include significant misdemeanor. The verdict lies in the hands of DHS and does not matter how long the conviction has been. Cases of sexual abuse or exploitation, burglary, domestic abuse, unlawful possession of firearms, drug trafficking and distribution or driving under influence are considered under significant misdemeanor.

Applications are made at the USCIS lockbox where the forms are submitted directly. Direct applications are allowed for persons undergoing removal processes while those under detention will require the intervention of detention officers. Application forms are provided free of charge. The cost escalates when one factors employment authorization fees and expenses for biometric tests. Applicants who are exempted from such fees include the disabled, persons under foster care or those with debt-related medical conditions.




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