DREAM Act Portal Forum - will DACA transfrom to green card when dream act has passed?

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will DACA transfrom to green card when dream act has passed?

i think DACA is a dream act in mask. I expect that person who get approved for DACA
will get their green card immediately after dream act has passed

do u think so? cuz DACA requirements is almost identical to dream act

what u thinK?

Re: will DACA transfrom to green card when dream act has passed?

It really depends on whether they change the criteria for the DREAM Act. If democrats continue to concede on qualifications to be a DREAM Act recipient, then maybe not all of DACA recipients will be approved. For example, continuously narrow qualifiers by broadening the scope of criminal violations permitted or something like that.

Re: will DACA transfrom to green card when dream act has passed?

Maybe or maybe not. But I certainly hope/believe that the process will be much easier for us in terms of applying for the DA. We probably won't have to fill out too many things/submit a ton of evidence because they'll already have our information. If it passes 2 years from now, (and you've been approved for DACA) we'll probably just have to prove the 2 years for that whole proving presence category.

Re: will DACA transfrom to green card when dream act has passed?

If you abide by all the requirements listed in Section 5 of the current S.952 Senate bill, I really don't see why not.

Re: will DACA transfrom to green card when dream act has passed?

This is an interesting thought however:

Section (4)(d)(2) is a special rule for those granted reprieve under TPS. It states

Quote:

In the case of an alien whose permanent resident status on a conditional basis expires [because 6 years has passed and your status has not been renewed] or is terminated [because you were dishonorably discharged, or fail to hold good moral character, or you commit a serious crime] or whose application for such status is denied and who had temporary protected status immediately prior to receiving or applying for such status, as appropriate, the alien may not return to temporary protected status if--

then it goes on to list why you wouldn't re-qualify for TPS:

Quote:

The relevant designation under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been terminated; or

(B) the Secretary determines that the reason for terminating the permanent resident status on a conditional basis renders the alien ineligible for temporary protected status.

244(b) lists the designations of why you would even qualify for TPS (earthquakes, wars, etc). If those designations no longer apply to you, it seems as though you would return to being "undocumented".

I'd like to see how they deal with this for other 821 applicants, like us DACA applicants. Seems like a bit of a gray area.

Re: will DACA transfrom to green card when dream act has passed?

DACA seems to be the same conditional status that is mentioned in the current version of the DREAM Act. This is a very interesting thought and it would be great if we didn't have to actually do an extra 6 years of conditional status (if Dream Act is approved that's one of the requirements in order to fix our status) and just be able to count off the years we have been approved for DACA. :)

Let's hope so! :D That would speed up our process to become PR and then USC!!!! :D :D :D :D :D

Re: will DACA transfrom to green card when dream act has passed?

Quote:

Originally Posted by msaccountant (Post 324138)

It actually gives you 6 years to complete the "requirements". It doesn't say you'll be on conditional status for 6 years. In fact, after 6 years, you are subject to a renewal, which brings up my last post.

Re: will DACA transfrom to green card when dream act has passed?

Quote:

Originally Posted by msaccountant (Post 324138)

Good point. And, it can happen. Everything will depend on the composition of congress, assuming of course that Obama is the victor.

Re: will DACA transfrom to green card when dream act has passed?

According to the bill text, if you're already qualified for the removal of the conditional status at the time the bill is enacted, you won't be subject to the conditional status.

Re: will DACA transfrom to green card when dream act has passed?

There so many 'what ifs' right now it is difficult to ascertain what may even be possible.The only thing that has been consistent is that the bill has never gotten through the Senate and still is the biggest hurdle.

DACA is only a temporary patch to the problem,but what I think what might be needed is another temporary Administrative patch that offers a permanent solution.