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Sunday, June 1, 2014

Criteria And Eligibility For DACA Scheme

By Lila Bryant


Deferred action is a scheme that seeks to provide legal status to immigrants to the USA. It is run under the Department of Homeland Security. It grants a two years legal stay that can be renewed upon expiry. Beneficiaries of the first phase of DACA scheme are required to renew their status by 2014 September.

Application forms for renewal differ from those used by applicants for the first time. New forms have already been released by responsible department through an online portal. First time applicants are still required to use the old forms. They are downloaded from the departmental website.

The responsibility to grant legal status lies with the DHS. The opportunity is open to individuals whose process of removal has commenced. It does not matter the stage a person is in the removal process. The status allows a legal opportunity to seek employment in any department in US.

There is no guarantee that beneficiaries of deferred action will get permanent stay or citizenship in future. The DHS reserves the right to revoke your status if certain rules are bleached. An applicant who concealed some information during application may have his status recalled. Any applicant must be between 16 and 31 years of age.

Successful applicants must have stayed in the US for five uninterrupted years before 15th June 2012. Being absent for several weeks or days does not disqualify the applicant as long as it is explained. Excuses that are allowed include being away on humanitarian grounds or having gone to work abroad.

Those who entered America before June 15th 2012 without undergoing security verification can apply to formalize their stay. A person whose lawful status has expired is eligible to apply as a renewal or extension. It only applies to individuals who got to US before or on 15th June 2012.

Students pursuing education in American universities and colleges qualify for temporary stay. Graduates of the same institutions and those who have attained GED are eligible. Former service men in the army or coast guard who left honorably qualify under the scheme.

The process of application requires a person to file legal documents to support his claim for stay in US. The DHS conducts an extensive biometric and background check to ascertain such claims. The applicant is subjected through a through screening process that must be passed.

Issues that are likely to affect approval chances include involvement in significant misdemeanor. The DHS determines the gravity of the issue. The duration of conviction does not matter. Such cases as sexual exploitation and abuse, unlawful possession of firearms, driving under influence, distributing and trafficking drugs and burglary count under significant misdemeanor.

The USCSI hosts the online platform that facilitates the process of application. The process is open to individuals in detention but they have to rely on the assistance of detention officers during the process of application. The overall application cost varies from one person to another depending on the nature of employment authorization forms required and biometric tests that must be carried out. Individuals who enjoy waiver are the disabled, those with medical issues relating to debt and applicants under foster care.




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