Anybody living in America who entered as an infant or child now has a legal alternative to carry on residing in the USA. A new law passed by the US President on 15/08/2012, simply called DACA, has made this possible. Deferred Action for Childhood Arrivals basically grants existing residents further transitory residency within the States mainly aimed at those studying.
Any individual who is 15-31yrs old on June 15th, 2012 will be considered for deferment. The minimum permissible age will be reconsidered where children are in the course of being deported to their place of birth. Residents that entered into the USA while in the age group of birth-16yrs who have continually stayed within the borders from the period 2007-2012 are also generally allowed to apply under this new act.
Additionally any folks that were permitted entrance without any inspection, or whose immigration status has legally expired by the cutoff date of 15/06/2012 will fall under the allowable applicants. Private or Government subsidized Scholars presently studying at any type of institute or receiving training towards a specific vocational career are also welcome to submit applications for deferment. The USCIS websites have an extensive listing of educational facilities and vocational areas that are incorporated into the Deferred Action Act.
Exclusions are however metered against all immigrants who have a criminal record or where several misdemeanors have been recorded against their names. Any person that is perceived as being a threat to others or who have committed any one of the following acts such as, drug activity; sexual offence; domestic violence; burglary; DUI or illegal firearm possession will also face exclusion under deferred action law. This will also extend to any residents who have been under prison confinement for 3 or more months; people with suspension are however excluded.
Where a valid reason is given for any absences from the country or where it was not for a long period of time, then the exclusion will possibly be waived. Nonetheless deportation of any kind will result in automatic exclusion. People will also face exclusion from applying if it comes to light that illegal activities where undertaken while in other countries.
Forms can be filled in at DHS offices or obtained and completed via the web sites. Applications are free except when the person wants to work in the US and if background checks are requested. The fee may be waived where disability, poverty, medical debt and foster care cases are involved.
As far as employment is concerned it will only be legalized where the applicable EAD forms were completed. Successful applicants can also only accept work when they have received the legal authorization documents. These documents will be valid for a two year period and have to be renewed every 24 months.
Prior to traveling outside the USA, advanced parole must be applied for, if this is not done then US entry could be denied. Applicants who are not successful in gaining deferment may reapply. It must be noted that DACA is not a replacement of the DREAM act where permanent citizenship is granted.
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