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Every single year, thousands of illegal immigrants enter the borders of the United States of America. For all these aliens, the worst that can happen is being discovered by the authorities and prosecuted. Usually, deportation is used as a remedy, but there may be other severe punishments. Fortunately for these aliens, the legislative arm of government passed the Dream Act in 2012. This law makes it possible for certain individuals who entered the country illegally to get a reprieve from deportation in what is known as deferred action.
The US Congress, on 15th June, 2012, passed this bill largely known as DACA which is more of a directive. Department of homeland security and the immigration office is directed accordingly to postpone a deportation order of a particular person provided certain conditions are met. Although many aliens may want to apply, there are tough conditions.
There are many conditions to be met before an application is approved. Date of entry into the country must have been before the Dream Act was enacted. The illegal entry should have occurred before the applicant turned 16. Also, the candidate must have lived in the country for at least two years before enacting of this law.
Very few people qualify for the deferral, but thousands of people apply. The reason is that, applicants who have exceeded 31 years of age are not eligible to apply for deferral. Other requirements include having a GED, graduating from high school or still pursuing education. Formerly recruited security personnel may also apply if they were honorably discharged.
DACA law works for applicants who have shown the willingness to be patriots. DHS and immigration departments do not want any criminal elements getting a free ticket to live in the US. Applicants with a criminal record will be prosecuted immediately even if they met all the other requirements. Whether it is a misdemeanor or a felony, the full force of law will be imposed.
Some of the things that are required by the authorities include proof of: identity, date of birth, nationality, date of entry and continuous residence for two years before the law was enacted. In some cases, school transcripts and a birth certificate may be sufficient. However, the authorities may ask for more information. It is important to note that the DHS and the USCIS reserve the right to turn down or accept any application.
While DACA seems like a gift for illegal immigrants, it is not for everyone. It is also not a lifetime pass because it is only valid for two years. An extension may be sought upon expiry of this term. The authorities will still put the applicant under the microscope before granting a renewal. This means renewal is not a guarantee.
DACA should be differentiated from permanent US citizenship or legal residency. A more detailed description of DACA is simply postponement of deportation action. This means that the applicant will prosecuted, but in the future. Knowing what this law entails, its benefits, application procedure and requirements will make the process of getting deferral easier. Like any other legal process, lawyers should be consulted to ensure that everything goes according to plan. Immigration lawyers can be very helpful.
The US Congress, on 15th June, 2012, passed this bill largely known as DACA which is more of a directive. Department of homeland security and the immigration office is directed accordingly to postpone a deportation order of a particular person provided certain conditions are met. Although many aliens may want to apply, there are tough conditions.
There are many conditions to be met before an application is approved. Date of entry into the country must have been before the Dream Act was enacted. The illegal entry should have occurred before the applicant turned 16. Also, the candidate must have lived in the country for at least two years before enacting of this law.
Very few people qualify for the deferral, but thousands of people apply. The reason is that, applicants who have exceeded 31 years of age are not eligible to apply for deferral. Other requirements include having a GED, graduating from high school or still pursuing education. Formerly recruited security personnel may also apply if they were honorably discharged.
DACA law works for applicants who have shown the willingness to be patriots. DHS and immigration departments do not want any criminal elements getting a free ticket to live in the US. Applicants with a criminal record will be prosecuted immediately even if they met all the other requirements. Whether it is a misdemeanor or a felony, the full force of law will be imposed.
Some of the things that are required by the authorities include proof of: identity, date of birth, nationality, date of entry and continuous residence for two years before the law was enacted. In some cases, school transcripts and a birth certificate may be sufficient. However, the authorities may ask for more information. It is important to note that the DHS and the USCIS reserve the right to turn down or accept any application.
While DACA seems like a gift for illegal immigrants, it is not for everyone. It is also not a lifetime pass because it is only valid for two years. An extension may be sought upon expiry of this term. The authorities will still put the applicant under the microscope before granting a renewal. This means renewal is not a guarantee.
DACA should be differentiated from permanent US citizenship or legal residency. A more detailed description of DACA is simply postponement of deportation action. This means that the applicant will prosecuted, but in the future. Knowing what this law entails, its benefits, application procedure and requirements will make the process of getting deferral easier. Like any other legal process, lawyers should be consulted to ensure that everything goes according to plan. Immigration lawyers can be very helpful.
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