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DAP Forums > DREAM Act > The Lounge

Dream Act for Legal Immigrants

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#1
11-18-2010, 03:34 AM
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floalin13
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I was wondering if temporary non-immigrant aliens (F-1 students, for example), assuming they meet all the criteria for the Dream Act, except for the legality of their status, would be elligible for the Dream Act if they voluntarily lose their status (become part time students without approval) and become undocumented immigrants just prior to the bill passing? I understand the risks associated with doing something like this, however, I would like to know what the consensus is, and if anyone is aware of anything in the text that would prevent this.
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#2
11-18-2010, 05:23 AM
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Qualia
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I think you pretty much have to have been undocumented for years in this country.
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#3
11-18-2010, 07:22 AM
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aguilan
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For fuck's sakes, don't deliberately lose your legal status just to benefit from DREAM (I'm assuming you're talking about yourself). You already have options, even if they will take years, to become a legal permanent resident of the US without taking on the hassle and heartbreak of being illegal.
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#4
11-18-2010, 11:35 AM
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Alex0591
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you have an opportunity we could only dream about, dont waste it. even with the dream act you would still need to wait 5 years to apply for your citizenship, and thats if you even apply, either way you will have to wait very long
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#5
11-18-2010, 11:52 AM
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Task_1539
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You have an opportunity we can only dream of. Itll take you longer to get your citizenship with dream act anyways.

6 year mandatory as conditional resident. Even if you get a 2 year defree within your first year.

5 year wait as a LPR to be eligible for citizenship

then however long it takes to be approved.

Thats over 11 years for us to become citizens.
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#6
11-18-2010, 02:18 PM
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Immigrant
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Quote:
Originally Posted by floalin13 View Post
I was wondering if temporary non-immigrant aliens (F-1 students, for example), assuming they meet all the criteria for the Dream Act, except for the legality of their status, would be elligible for the Dream Act if they voluntarily lose their status (become part time students without approval) and become undocumented immigrants just prior to the bill passing?
In theory, yes.

You must lose your status before Obama signs the bill.
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#7
11-18-2010, 03:32 PM
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oneday6
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Quote:
Originally Posted by Task_1539 View Post
You have an opportunity we can only dream of. Itll take you longer to get your citizenship with dream act anyways.

6 year mandatory as conditional resident. Even if you get a 2 year defree within your first year.

5 year wait as a LPR to be eligible for citizenship

then however long it takes to be approved.

Thats over 11 years for us to become citizens.
For the people that have already graduated college, how long would they have to wait?
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#8
11-18-2010, 04:12 PM
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buckminsterfullerene
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Here is the thing, I have yet to find proof that it will be exclusively for undocumented immigrants... yes, it was made for undocumented immigrants that came as children, but it does not say anything that would deny the legal resident to apply through that process. While someone on F-1 visa has a road to legalization, provided that they meet all the requirements the DA might be a safer and surer option for their eventually permanent status legalization.

It even states in the very beginning of the DA bill:

Quote:
To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes.
I don't know about everyone else but that tells me that it will not limit its powers to undocumented youth.

furthermore, after reading the bill multiple times nothing tells me that the applicant has to necessarily be undocumented. I would strongly advice against becoming undocumented for the purposes of applying for the DA that has not passed, after it has passed, you might contact a lawyer who has thoroughly read the bill for his opinion on what the bill says and what may happen, and whether you may benefit from that bill in any manner considering that you meet all the requirements, but before then, just don't lose your legal status, you really don't know how horrible it can be to feel like a prisoner in your own home and someone that has to pay so much attention to detail when out and about the town in order to prevent getting caught, there are just many things we can't do reliably without thinking how it might affect us.
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#9
11-18-2010, 06:18 PM
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floalin13
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I appreciate everyone's responses, however, please don't try to imply that being on an F-1 visa is somehow prefferable to benefitting from the DREAM Act, or that the DREAM Act will still result in a long wait for citizenship. The point I'm trying to convey is that once you can apply for a conditional GC through the DA, you won, you can work without restrictions, go to school, do anything you want, without being subject to numerous restrictions (minimum number of hours you are required to take, restrictions on working off campus, having to find employers that are willing to sponsor you and having to committ half a decade if not more to that certain job, being in a position of n0 leverage against your employer) .

I'm starting to believe they will more than likely put in restrictions to deter people from doing what I've stated in the OP by requiring that you have been out of status for years prior to the bill passing, not just a few days. Furthermore, I also highly doubt that I can benefit from the DA as an international student, considering the F1 visa is a non immigrant visa, and those that hold it are considered less "American" than, say, an undocumented immigrant.

Either way, I hope the DREAM Act passes and I wish you all luck in the future.
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#10
11-18-2010, 07:24 PM
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From San Francisco, CA
Joined in Dec 2008
397 posts
jamesp
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I don't know of any F1 student who came to this country to attend High School. F1 is usually issued to foreign students who attend 2 year or 4 year colleges. 17 is usually the lowest age when people start college (unless you are someone like Doogie Howser). Entry at 17 would automatically disqualify you if there is a loophole hidden between the lines of the actual text of the bill.

Quote:
Originally Posted by buckminsterfullerene View Post
Here is the thing, I have yet to find proof that it will be exclusively for undocumented immigrants... yes, it was made for undocumented immigrants that came as children, but it does not say anything that would deny the legal resident to apply through that process. While someone on F-1 visa has a road to legalization, provided that they meet all the requirements the DA might be a safer and surer option for their eventually permanent status legalization.

It even states in the very beginning of the DA bill:



I don't know about everyone else but that tells me that it will not limit its powers to undocumented youth.

furthermore, after reading the bill multiple times nothing tells me that the applicant has to necessarily be undocumented. I would strongly advice against becoming undocumented for the purposes of applying for the DA that has not passed, after it has passed, you might contact a lawyer who has thoroughly read the bill for his opinion on what the bill says and what may happen, and whether you may benefit from that bill in any manner considering that you meet all the requirements, but before then, just don't lose your legal status, you really don't know how horrible it can be to feel like a prisoner in your own home and someone that has to pay so much attention to detail when out and about the town in order to prevent getting caught, there are just many things we can't do reliably without thinking how it might affect us.
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