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DAP Forums > DREAM Act > The Lounge

Dream Act, What if I left and came back???

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#1
11-05-2009, 08:46 PM
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From Charlotte, NC
Joined in Nov 2009
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Ferja2000
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Hi everyone, I'm new to this portal and so glad to find people going through the same struggles as I am. I've recently learned about the Dream Act and was trying to learn and understand as much as possible if in fact it passes and like to know what would be the next steps. From what I understand one of the requirements is that you must have arrived before your 16th birthday, graduated at a high school and have resided within the US 5 years straight before the act was reintroduced in 2009.
Here's my problem I came here on a tourist visa back in 1990 when I was 12 years old and graduated at the age of 18 in 1996. At that time my family because of their legal status and inability to find a way to stay here any longer decided to go back to South America. I was pretty much still a kid and had no choice but to follow along. In 2003 after years of trying and not being able to adapt back home I was lucky enough to get my tourist visa renewed and came back here on June 2003 and haven't left since.
So pretty much my question is if because I left in 1996 and came back in 2003, does that gap make me ineligible. I mean technically I meet all the requirements but I'm not sure if that 7 years absence automatically disqualifies me. I would really appreciate anyones input on this and thanks in advance...
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#2
11-06-2009, 12:29 AM
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Sorry, wront thread
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#3
11-06-2009, 12:33 AM
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M42
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I don't think that you qualify under the Dream Act.

In your case, what they'll see is that you came here as an adult and overstayed. So I would have to say no
Last edited by M42; 11-06-2009 at 12:40 AM.. Reason: Man, I have to stop using so many commas
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#4
11-06-2009, 01:56 AM
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i think you should definitely talk to a lawyer about that one you might have to get married or something
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#5
11-06-2009, 02:14 AM
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warhound
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Quote:
Originally Posted by M42 View Post
I don't think that you qualify under the Dream Act.

In your case, what they'll see is that you came here as an adult and overstayed. So I would have to say no

This seems to bother me everyday.. Although I came here on a visa at age 15, I left the country for a month to adjust my status to F-1 (Student) and came back at age 20 on the F-1 Visa. I was legally present in the country all this time. I only overstayed my visa Jan 2005 onwards when i Turned 23.

I qualify for all the other details, except leaving the country to adjust my status.
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#6
11-06-2009, 05:34 PM
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From Charlotte, NC
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Ferja2000
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Quote:
Originally Posted by M42 View Post
I don't think that you qualify under the Dream Act.

In your case, what they'll see is that you came here as an adult and overstayed. So I would have to say no
I kind of feared that would be a problem but what if I say that I never left, I mean is there any way that they can prove it, I'm guessing I can just show them my school transcripts and residence history which would be enough to prove that I came here as I child. I'll try to seek advice with an immigration lawyer but I don't even know if the've heard of this act and not sure what kind of response they can give you since this act hasn't even passed yet, all there's available is a list of basic requirements but they don't specify in cases like mine,sort of like a loophole, thanks though....
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#7
11-06-2009, 09:53 PM
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Quote:
Originally Posted by Ferja2000 View Post
I kind of feared that would be a problem but what if I say that I never left, I mean is there any way that they can prove it, I'm guessing I can just show them my school transcripts and residence history which would be enough to prove that I came here as I child. I'll try to seek advice with an immigration lawyer but I don't even know if the've heard of this act and not sure what kind of response they can give you since this act hasn't even passed yet, all there's available is a list of basic requirements but they don't specify in cases like mine,sort of like a loophole, thanks though....
that is possible BUT I would think that once the Dream Act does passed, there will be heavy proofing and required documentation that would prove that you were here since you were a child, and that you didn't leave and come back as an adult...ALTHOUGH you can argue that you were trying to correct your situation by going back to where you were born, BUT then again you consciously were aware of breaking the law as an ADULT when you re-entered the States and purposely over-stayed
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#8
11-06-2009, 10:03 PM
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Quote:
Originally Posted by warhound View Post
This seems to bother me everyday.. Although I came here on a visa at age 15, I left the country for a month to adjust my status to F-1 (Student) and came back at age 20 on the F-1 Visa. I was legally present in the country all this time. I only overstayed my visa Jan 2005 onwards when i Turned 23.

I qualify for all the other details, except leaving the country to adjust my status.
Like I said to Ferja2000, The issue is were you old enough to know that you were purposely breaking the law. In your case, you were 20 years old when you came back and overstayed your visa.

This is where the Dream Act comes in. It all depends how the final law is worded once it pass. My understanding of the purpose of the Dream act is to benefit CHILDREN brought over to the states and GREW UP in the U.S. for at least 5 years or longer.
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#9
11-07-2009, 01:50 AM
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cryingdady
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I have no idea!
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#10
11-08-2009, 04:20 AM
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gebodupa
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Quote:
...I mean is there any way that they can prove it....
Absolutely. If there is any proof of you crossing the border , then already have a triplicate copy of it. Don't lie. Any lie in order to secure a visa makes you inadmissible for the rest of your life.
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