Deferred Action for Childhood Arrivals ("DACA") program changed the
lives of many young undocumented immigrants in the United States.
Approximately 700,000 everyone has been granted DACA considering that
the The president made the enter in the summer of 2012. However, as DACA
holders know, the benefits are certainly not permanent. After proving
one meets the requirements-continuous physical presence since 2007,
entry before the age 16, maximum age younger than 36, finishing or
progress towards a high school diploma, no significant criminal
record-he or she must connect with renew their DACA every a couple of
years. A DACA renewal could be denied for many criminal activity or
unauthorized travel outside of the U.S., each renewal costs around $500
in filing fees alone.
That is why, and others, DACA is not ideal
solution. Many immigrant rights' advocates push for passage in the DREAM
Act-a proposal that might give permanent legal resident status to DACA
For certain DACA holders, however, permanent
legal residency could be more than simply dream. For DACA holders which
has a U.S. citizen spouse or at least one U.S. citizen parent or
step-parent, the DACA program may open the door to permanent legal
residency lacking an act of Congress.
The reason why most
undocumented immigrants cannot legalize their status through their close
American relatives may be the "ten-year bar," a provision from the 1996
Illegal Immigration Reform and Immigrant Responsibility Act which
prohibits those who have lived without status inside the U.S. in excess
of Twelve months from entering the continent legally for A decade. Under
the law, those who entered the U.S. illegally cannot apply for their
residency within the U.S. but must apply on the U.S. consulate inside
their home country. But due to ten-year bar, leaving the U.S. to go to
the consulate in one's home country equals a ten-year self-deportation.
One way around the 10-year bar is the "provisional waiver," a
challenging and frequently expensive procedure that most will not be
able to win.
But for DACA holders, a simply options available:
Advance Parole or "the travel permit." Due to an appeals court decision
this year that decided travel beyond your U.S. under pre-approved
"Advance Parole" will not equal a "departure" for reasons like
triggering the 10-year bar, one that obtains DACA, receives their travel
permit, leaves the U.S., and then reenters legally making use of their
travel permit can have the "legal entry" required to make an application
for permanent resident status in the U.S. without the provisional
waiver. Considered a "legal loophole," the DACA to relocate Parole to
Permanent Legal Resident can be a proven, reliable, and effective
solution for most DACA holders.
Even though the most practical
answer will be for Congress to feed legislation to offer legal permanent
residency to everyone with the hardworking, law abiding immigrants who
reside in the U.S. without papers, for DACA holders with U.S. citizen
spouses or other certain close relatives, permanent resident status
might be closer than previously.
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