By Anita Ortega


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.

In essence, a person can qualify for deferred action if on June 15, 2012, the day the law was made, the persona had already in the USA. After the arrival, the alien must have stayed in the country for not less than 5 years continuously. Applicants must also have good morals because participating in criminal activity would automatically disqualify the applicant.

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.

The most that this program can provide to qualifying candidates is a temporary residency status, but most people mistake this for citizenship or a form of permanent stay. Temporary residence can be revoked if the authorities discover that some information provided by the applicant is untrue or false. Participating in criminal acts will lead to cancellation of the temporary residency status, and lead to immediate removal action.

Valid applications cannot be approved if the applicant in question does not pass the health test or security check to ensure that they do not pose any threat to the public. Irregularities in voting or fraudulent voting, marriage fraud, felony charges or a couple of misdemeanors is also enough to disqualify an individual from enjoying this program. Even before an application is taken into consideration, the DHS seriously conducts a background check on the applicant so as to filter out the bad elements.

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.




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