In most nations around the globe, it is illegal for any foreigner to get into the country without the permission of the government. Usually, these individuals are prosecuted, when found, and taken back to their home countries. The law in the United States is a little bit unique in that some illegal immigrants can be allowed to continue living within US borders. The Department of Homeland Security has been given powers to deport or delay the action for several years. This law falls under the DACA program.
The Deferred Action for Childhood Arrivals program was introduced in the US so as to solve the issue of illegal immigrants who entered the country when they were still young. Aliens who found their way into the country before they reached age 16 are eligible to apply for a deferral of removal action. This however comes with many conditions that must be fulfilled before the request to be taken into consideration.
To quality for this rule, a person must have arrived in the country before this law was created; that's on 15th June 2012. Candidates must have also resided in the country continuously for at least 5 years after arrival. Only persons with good moral standing can apply for deferral of removal action. A criminal record automatically disqualifies a candidate from this rule.
Educational qualifications usually carry a lot of weight, and school dropouts cannot apply since deferred action is only applicable to school-going applicants, high school graduates or those with GED. Those who applied for Student Visa to study in the United States, can also apply for deferred action. This condition works if only they have been living continuously in the country even after visa expiration.
Applicants who had their deferred action request accepted are usually given temporary residency. This however should not be mistaken for permanent residency or citizenship since the responsible authorities can revoke the new status at any time. A revocation can be triggered by discovery of fraud in the application and criminal activity among other things.
Deferral of removal action is only authorized if the applicant does not pose any health or security risk to the public. Unlawful voting, voter fraud, marital fraud, felony conviction, or three misdemeanors can disqualify a person from this rule. The DHS normally runs a thorough background check to ensure that applicants do not pose a national security risk.
At the United states Citizenship and immigration Services (USCIS), several documents are required from the applicants. They include; an identification card showing details of the country you come from, a birth certificate, evidence of residency in the US, evidence of the arrival date into the United States, school transcripts and many other supporting documents. If any need arises, USCIS can ask for additional documents.
The Dream Act is what gave rise to this program. It has as many supporters as critics from both sides of the legislature. The law is not an entitlement, so the DHS and USCIS can deport any illegal immigrant at any time. It is simply a prosecutorial discretion power wielded by DHS and USCIS. The downside with this law is that anyone who has reached 35 years and meets all the other requirements cannot qualify for this law.
The Deferred Action for Childhood Arrivals program was introduced in the US so as to solve the issue of illegal immigrants who entered the country when they were still young. Aliens who found their way into the country before they reached age 16 are eligible to apply for a deferral of removal action. This however comes with many conditions that must be fulfilled before the request to be taken into consideration.
To quality for this rule, a person must have arrived in the country before this law was created; that's on 15th June 2012. Candidates must have also resided in the country continuously for at least 5 years after arrival. Only persons with good moral standing can apply for deferral of removal action. A criminal record automatically disqualifies a candidate from this rule.
Educational qualifications usually carry a lot of weight, and school dropouts cannot apply since deferred action is only applicable to school-going applicants, high school graduates or those with GED. Those who applied for Student Visa to study in the United States, can also apply for deferred action. This condition works if only they have been living continuously in the country even after visa expiration.
Applicants who had their deferred action request accepted are usually given temporary residency. This however should not be mistaken for permanent residency or citizenship since the responsible authorities can revoke the new status at any time. A revocation can be triggered by discovery of fraud in the application and criminal activity among other things.
Deferral of removal action is only authorized if the applicant does not pose any health or security risk to the public. Unlawful voting, voter fraud, marital fraud, felony conviction, or three misdemeanors can disqualify a person from this rule. The DHS normally runs a thorough background check to ensure that applicants do not pose a national security risk.
At the United states Citizenship and immigration Services (USCIS), several documents are required from the applicants. They include; an identification card showing details of the country you come from, a birth certificate, evidence of residency in the US, evidence of the arrival date into the United States, school transcripts and many other supporting documents. If any need arises, USCIS can ask for additional documents.
The Dream Act is what gave rise to this program. It has as many supporters as critics from both sides of the legislature. The law is not an entitlement, so the DHS and USCIS can deport any illegal immigrant at any time. It is simply a prosecutorial discretion power wielded by DHS and USCIS. The downside with this law is that anyone who has reached 35 years and meets all the other requirements cannot qualify for this law.
No comments:
Post a Comment