How Deferred Action Works In The US

By Lila Bryant


There is high influx of illegal persons getting into the United States of America every year. The poor thing is that they can be found by the authorities, arrested and prosecuted accordingly. An individual may be deported in some cases, but other forms of punishments are also available. Illegal immigrants now have something to be happy about as a result of the Dream Act. Deferred action is good since a person facing deportation can have his or her case deferred.

DACA, as it is commonly referred to, was passed on June 15, 2012. It is more of a directive than a law. This instruction gives the immigration and national security agencies the powers to defer deportation of individuals who meet a certain criteria. However, there are strict requirements associated with this law.

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.

While there are many people who may want to apply for this deferral, only a few qualify. This is because the law only applies to individuals who have not exceeded 31 years. Applicants must have also obtained their GED, high school diploma or still be in school. Those who have been discharged from the army, navy, air force, marines or coast guard honorably can also apply.

DACA is best suited for people who are hardworking, honest and law-abiding. Any suspicious characters within the US soil are normally put under the microscope. Although an applicant may have fulfill all the minimum requirements, any slight indication of criminal activity may lead to denial of DACA application and prosecution.

The concerned authorities, at the time of application, will need some essential documents including; identification documents, date of birth, country of origin, entry date and proof of two-year continuous stay. Documents to support the information provided like school transcripts and a birth certificate are also important. However, that is not all since more information may be required from the applicants.

While DACA is reserved for aliens, not all of them can benefit from it. It is only valid for two years after which the status of the applicant is reviewed and extension granted if needed. The conduct of the applicant will also be checked to ensure that there has not been any criminal activity in the last two years. If the applicant committed any type of crime within the two years, an extension will not be granted, and the authorities will initiate prosecutorial procedures.

DACA should never be mistaken for permanent residency, legal residency or US citizenship. It is only a deferral of removal action. This means that should anything change, the authorities will go after the applicant. For instance, involvement in criminal activity or anything that may compromise public safety and pose a danger to national security may lead to automatic revocation of the deferral.




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