DREAM Act Portal Forum - Legal Advice

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I'm graduating from high school next year so I need a few questions answered. If nothing is to happen with the DA or CIR, could I leave the country and apply for a student visa in my native country? If so, will it be easier since I've already studied here, know English, etc. to obtain one?

Re: Legal Advice

First of all, any advice given here doesn't count as legal advice since none of us are lawyers.

As for getting a student visa, do you want a student visa to come back to the US or another country? If you want to come back with a student visa, I guess it depends on how old you are and if you have accumulated any illegal presence in the US.

If it's for the US, when someone applies for student/tourist visas, they have to prove that they have ties to their birth country AND that they have no intent to immigrate to the US. This may be near impossible to do if you've been in the US most of your life and feel that this is your home. They're not going to issue a visa to someone who they suspect will overstay. I'm not sure about this, but I think you have to be accepted to a college in the US and be able to cover tuition + living costs since you aren't able to get any financial aid or a work permit as an international student.

Re: Legal Advice

Technically,you can return to your native country & apply for any visa you see fit but the problem with student visas as mentioned in other threads is that you also have to prove strong ties to your home country so that you will return when your studies are finished.

The upper age limit to legally return to your home country is 180 days after turning the age of 18 & anything before that particular time period you won't be subject to any immigration bars thus being allowed to apply & possibly be approved for a visa outside the US.

Quote:

(2) Aliens Present in Unlawful Status Who Do Not Accrue Unlawful Presence by
Statute for Purposes of Section 212(a)(9)(B) of the Act (Statutory Exceptions)
(A) Minors Who Are under 18 Years of Age
(B) Aliens with Pending Asylum Applications (Including Children Aging Out and
Dependents of Asylum Applicants)
(C) Aliens Physically Present in the United States with pending Forms I-730
(D) Beneficiary of Family Unity Protection (FUP) Granted pursuant to Section 301
of the Immigration Act of 1990; 8 CFR 236.15
(E) Certain Battered Spouses, Parents, and Children
(F) Victims of Severe Form of Trafficking in Persons
(G) Nonimmigrants with Pending Requests for Extension of Status (EOS) or
Change of Status (COS] ("Tolling")

Don't forget to also consult an Immigration lawyer before doing anything as well

Re: Legal Advice

Thanks for the help guys. After reading all this, I think it's best to just wait for a CIR and the DREAM Act to pass.

Re: Legal Advice

Well I heard that if you leave before turning 18 that its much easier to comeback.

Re: Legal Advice

^ It is because then you aren't subject to a ban. The problem with getting a nonimmigrant visa is that you have to show ties to your country of citizenship/birth. If you've spent your entire life (or the majority of it), then you're going to be unable to prove ties to your country.

Legally, it's possible to get a student visa. It's just not likely to happen.