Q: If the Deferred Action for Childhood Arrivals children have been in the United States long enough, why don’t they have their parents apply for citizenship? What is the process necessary for these children to become American citizens?
–Ken Ross, McDonough
A: Under the current system, people who qualify for the Deferred Action for Childhood Arrivals program are ineligible to apply for U.S. citizenship. According to U.S. Citizenship and Immigration Services, those eligible for DACA entered the United States prior to their 16th birthday, were under the age of 31 as of June 15, 2012, and did not have a lawful immigration status as of that date.
A lawful status, however, is necessary for citizens of other countries to apply for U.S. citizenship in nearly all cases (an exception is granted to those serving active U.S. military duty), according to the immigration agency.
People born as citizens of foreign countries apply for U.S. citizenship through the naturalization process. Applicants for naturalization must be lawful permanent U.S. residents and maintain continuous residence here. To become a lawful permanent resident, immigrants must first obtain an immigration visa to travel here, which, according to the U.S. State Department, typically requires an immediate family member who is a U.S. citizen or lawful permanent resident to file a petition on their behalf.
The agency states that while those who are enrolled in the DACA program are considered “lawfully present” in the United States during the period their deferred action is in effect, “deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence.”
Fast Copy News Service wrote this column; Keith Still contributed. Do you have a question? We’ll try to get the answer. Call 404-222-2002 or email q&a@ajc.com (include name, phone and city).
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