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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.

Initial application and renewal requests are done using different forms. The DHS is releasing new forms to be used in renewing. Old forms are still available for use during initial application. These forms are available online which makes it convenient for applicants in all states.

Deferred action grants relief at the discretion of DHS. Those eligible are persons in the process of removal proceedings, those with final removal orders or those who have never undergone proceedings of this nature. Beneficiaries are at liberty to apply for employment since they are considered to be legally under the color of the law.

Deferred action status does not guarantee citizenship or lawful permanent residence. The status can be withdrawn or revoked at any time depending on prevailing circumstances. The beneficiaries must have been 31 years and below by June 15th 2012. Those who arrived in US below the age of 16 may also apply.

Successful applicants must have lived in the US since June 15th 2012 in order to be eligible. Absence from US for a brief period does not compromise the chances of legal status. Some excusable reasons include humanitarian work or a brief working trip to another country.

Candidates for this status include persons who escaped security checks and gained entry into US any date before 15th June 2012. A person with an expired lawful status stands a chance. This is an opportunity to have it renewed. Such a person must have landed in the US by 15th June 2012.

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.

Significant misdemeanor is likely to jeopardize the chances of approval. The decision is made by DHS and does not matter how long the applicant was convicted. Domestic abuse, sexual exploitation or abuse, burglary, drug trafficking and distribution, possession of unauthorized firearms and driving under influence fall among issues that affect eligibility.

The USCIS has a lockbox that allows applications to be submitted directly. A person undergoing removal proceedings goes directly to USCIS while one in detention has to alert the detention officer before applying. The form for application is free but one incurs such expenses as biometric tests and employment authorization documents. Waiver for the fees is available in special circumstances covering persons under foster care, disabled or those with medical conditions that are related to debts.




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