By Tracie Knight


Deferred action for childhood arrivals began in 2012 under DHS. It seeks to provide legal immigration status and a chance to be considered for employment for a period of two years. The status is renewable. The first phase expires in September 2014 and the applicants are required to process the renewal of their stay. This will ensure that DACA beneficiaries do not experience any lapse in their status.

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.

Students studying in US colleges and universities are eligible to apply. Those who have already graduated stand a chance to gain lawful immigration status. A person who has attained GED is allowed to apply and has equal chances of approval. Persons honorably discharged from the army or coast guard may apply.

Applicants are required to support the claims made in the application forms using legal documents. A biographic check and biometric background check must be carried out before any application is approved. These are mandatory tests for all applicants which must be completed and passed.

The DHS considers significant misdemeanor as one issue that may hinder approval of ones application. The length of a jail term does not matter as long as such a person was convicted. Some of the cases include drug abuse and trafficking, driving under influence, sexual exploitation and abuse, burglary, domestic abuse and possession of any firearm.

There is a lockbox administered by USCIS through which applications are submitted. A person undergoing removal proceedings is allowed to apply directly. Detained persons have to seek permission from responsible officers to assist with application. No application fees are required. The charges to consider include biometric tests and employment authorization processing. Persons who are exempt from these fees include the disabled, those under foster care and anyone with a medical condition that is related to debt.




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