The Qualification Conditions For Deferred Action

By Celia Hall


The Deferred Action for Childhood Arrivals is a memorandum that was passed recently. It was issued by the President. The implementation was assigned to the Secretary of Homeland Security. In this memo, the agencies concerned in the determination and deportation proceedings of illegal immigrants are directed to practice a certain level of discretion in the prosecution proceedings of persons who have come to the US as children. However, this grant does not include a discussion on the immigration status or citizenship of an individual.

In this policy, qualified immigrants can be given authority to seek work and forestall the customs and immigration agencies to place them in deportation procedures. The agencies, especially ICE, are given instructions that all applications for deferring actions should be processed. They should also rank applicants who have possessed the preliminary requirements.

All applicants are subjected to rigorous evaluation procedures. They are assessed based on the requirements they submitted together with the application. Once qualified, the immigrants are granted respite from deportation procedures for a specific period.
Only the applicants who are in need of relief due to their economic situation can be give authority to work and seek employment. However, there is no guarantee the duration the authority lasts and if it can be renewed. Only an increment of two years are allowed for qualified applicants.

Individuals currently undergoing procedures for removal can also apply for respite. This also applies for those who have received orders for voluntary departure or final removal notices. Persons in this situation need not be at the age of 15 or over to qualify for the deferment action.

An estimated 1.76 million immigrants are seen to apply and benefit from this new policy. However, different situations also require different sets of rules. For one, not all the qualified population are aged over 15 years. There is more than a quarter of the immigrant group that has not yet reached the required age. High school dropouts can also enroll back to school before the date of their application for them to qualify. The same condition applies for persons with no general education development.

There are general requirements that should also be complied before eligibility is determined. The applicant must be under the age of 31 on the day of law was signed, which is June 15, 2012. They should not have arrived in the country after they are 16 years old. Another condition is the applicant should be a continuing resident of the country for at least five years on the day the law was enacted.

Qualified beneficiaries should also be physically in the US on June 15, 2012 and the time they apply. They can also qualify if they have entered the country without any inspection before the date of enactment of the law. They should also not have an expired immigrant status on or before the said date.

Educational attainment is also another condition that needs to be complied. The presence of a GED, high s
An estimated 1.76 million immigrants are seen to apply and benefit from this new policy. However, different situations also require different sets of rules. For one, not all the qualified population are aged over 15 years. There is more than a quarter of the immigrant group that has not yet reached the required age. High school dropouts can also enroll back to school before the date of their application for them to qualify. The same condition applies for persons with no general education development.

There are general requirements that should also be complied before eligibility is determined. The applicant must be under the age of 31 on the day of law was signed, which is June 15, 2012. They should not have arrived in the country after they are 16 years old. Another condition is the applicant should be a continuing resident of the country for at least five years on the day the law was enacted.

Qualified beneficiaries should also be physically in the US on June 15, 2012 and the time they apply. They can also qualify if they have entered the country without any inspection before the date of enactment of the law. They should also not have an expired immigrant status on or before the said date.

Educational attainment is also another condition that needs to be complied. The presence of a GED, high school diploma, or proof of employment are enough to satisfy this condition. Time served in the military or coast guard can also help. Another important requirement for qualification to deferred action is the absence of any derogatory or criminal record of the applicant.




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