Illegal aliens who entered the United States in their childhood are eligible for DACA if they meet certain requirements. DACA basically means deferred action for childhood arrivals. It is a law that came into force with the passing of the Dream Act a few years ago. The law was passed on June 15, 2012, so it only applies to those who sneaked into the country before this date.
There are as many critics of DACA as there are proponents. Some legislators are of the opinion that every illegal immigrant should be prosecuted and hauled back to their home country. On the other hand, some legislators think that children who went to the US to live a better life and enjoy the American dream should not be victimized for being dreamers.
DACA gives the USCIS and DHS prosecutorial discretion in cases involving illegal immigrants. Instead of deporting illegals, these agencies can defer that action for two years if the person in question meets the set criteria. However, that person must apply for the deferral and attach supporting documents. DACA approval is not the right of an individual so the authorities can choose to reject or approve an application.
DACA has very strict requirements. For instance, applicants must be less than 31 years old when submitting their applications. Only those who were less than 15 years old when they made their entry into the country can apply for DACA. The entry must also have been illegal. Those who entered the U. S. Legally, but their legal status expired before June 15, 2012, are also eligible for DACA. This only applies if the person continued to reside in the country illegally.
DACA applicants must satisfy several educational requirements to qualify. This is because DACA was not meant to benefit individuals who went to the United States to work or lazy around. It was written for individuals who went to the US to study and pursue a better life. An applicant must either be still in school or graduated high school. A GED may also be accepted. Those who were discharged honorably from the armed forces are also eligible.
When processing DACA, national security and public safety are usually given a priority. A person who can threaten the safety of Americans cannot be allowed to continue residing in the country illegally. The DHS will run a background check for any criminal history before approving any application. Local and international security agencies are normally involved in this screening process.
DACA provisions include deferral of removal or presecutorial action on an illegal immigrant to a later date. The law recognizes the presence of the illegal immigrant but cannot take action on that person for at least two years. Once this period expires, the individual may apply for renewal.
Applicants who have committed several serious misdemeanors or felonies in the past should expect their application to be rejected. This is because agencies that are responsible for public safety and security of the nation cannot allow aliens with criminal history to continue living in the country.
Continuous presence in the country for the 2 years leading up to the enactment date of this law is a requirement. Applicants must be able to prove this. School transcripts, birth certificate, national ID from the country of origin and any other relevant document must be produced when filing the DACA application.
Read more about Deferred Action For Childhood Arrivals.