DACA: A shorter term benefit may develop a permanent solution for a lot of

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The 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 eligible teenagers.

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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