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DAP Forums > Other Topics > New Members

My Story don't see hope

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#1
06-26-2011, 05:49 PM
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Joined in Jun 2011
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musicman
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I came to the U.S. on B-2 in 1995, with my parents who were on B-1 Visa...at that time I was 8 Years old. 6 Months later, he changed his visa to F-1, so I came on F-2.....I remained on F-2 till Aug. 2006. My visa was changed from F-2 to F-1, since it's the only way i could goto college. I graduated in 2010, worked for a company on F-1(OPT), they applied for my H1-B in April 2011. USCIS denied the visa, I am considering going back to school to hold status, but not sure as it's very expensive.

I've gotten mixed answers but, will i qualify for DREAM ACT if i am here legally? and what if i become Illegal?

1995-(B-2)
1996-2006 (F-2) - Attended Elementary, Middle and High school.
2006-2011(F-1, includes OPT)

Help would be appreciated!!!
Last edited by musicman; 06-26-2011 at 05:55 PM..
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#2
06-26-2011, 06:25 PM
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LifeDreamer
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Interesting story.. Marry a chick!
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#3
06-26-2011, 06:36 PM
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musicman
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Marrying a chic is an option I've been considering, will do that if nothing works out, BUT.....as of now Do i qualify for DREAM ACT, I believe I meet all requirements but still shady about the whole legal status and the F-1 issues.
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#4
06-26-2011, 06:49 PM
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LifeDreamer
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Quote:
Originally Posted by musicman View Post
Marrying a chic is an option I've been considering, will do that if nothing works out, BUT.....as of now Do i qualify for DREAM ACT, I believe I meet all requirements but still shady about the whole legal status and the F-1 issues.
It looks to me like you do.. But why would you care a chick is all you need hombre...

contact buckminsterfullerene he seems to know a lot about this stuff..
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#5
06-26-2011, 06:52 PM
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Happygolucky
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I've always wondered whether people that are legal and lived here their whole lives are eligible for DREAM Act.

As it is, I don't see why not, as long as you meet the standards I think it would apply to you. There's no part of it that says illegals only. It just tells you that you need to prove that you came here before the age of 16, been in the U.S. 5 years before the bill is signed, have a High School diploma, good conduct, and be between the ages of 12-35.
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#6
06-26-2011, 06:58 PM
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musicman
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Let's get this passed first, then i'll talk to a lawyer to find out, but i'm glad to be here....I will be calling my senator(NC) to ask support for the DREAM ACT.
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#7
06-26-2011, 07:42 PM
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Quote:
Originally Posted by musicman View Post
Let's get this passed first, then i'll talk to a lawyer to find out, but i'm glad to be here....I will be calling my senator(NC) to ask support for the DREAM ACT.
Thank You musicman.
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#8
06-27-2011, 06:52 PM
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musicman
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Made the call to Sen. Kay Hagan(NC) today....also I've been examining the 2011 text of the legislation, I don't see any reason in the text where I would not qualify because i'm legal. They're using the term Alien not illegal or undocumented. I will do more research and will post what I find.
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#9
06-27-2011, 09:11 PM
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LifeDreamer
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sounds like good news..
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#10
06-27-2011, 10:40 PM
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I am hardly the best person to ask such a question, though I am honored people regard me as very knowledgeable on the matter. I will however say that the DREAM Act version that was in the lame duck session made a change which does affect those on a student visa or who where on a student visa and that change is on the current version, which I cite below.

http://www.govtrack.us/congress/bill...?bill=s112-952

What I like about the source is that you can right click on the parts highlighted in blue referring to other bills and open in a new tab and it will take you to the text it refers to. In reality the DREAM Act seems like a very simple bill and in many cases it is, and should not take very long to read, but its strength lies in that it refers to a lot of laws that have already been established, from who is inadmissible to which laws would be deemed unnecessary considering the circumstances.

With that mentioned, the portion in question is in section 3, (b)(1)(D)(i) which I quote below:

Quote:
(i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (, (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));
In particular 6(G) of the immigration of nationality act states:

Quote:
(G) Student visa abusers
An alien who obtains the status of a nonimmigrant under section 1101 (a)(15)(F)(i) of this title and who violates a term or condition of such status under section 1184 (l) of this title is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.
1101 (a)(15)(F)(i) may be found here

1184(I) may be found here

Sorry, this is the extent of the help that I can give you at the moment, I am a simple engineering student and just a B-2 overstay, never navigated the waters of student visa but hopefully you are able to become the detective in your case and take something out of this from what you know about your case, or at least become more prepared with questions and I would suggest that you seek the assistance of a good lawyer that has experience on these matters.

Albeit, I have not had the time to really dig into the DREAM Act yet and go over every little detail, I find myself online only on short intervals of time and only cited the above because it was something I looked into when S.3992 appeared as there was another member of this group who was on a comparable situation. That portion seem to have been kept the same, but I do know there are some small changes on this version compared to 3992 which makes it a bit less limiting, in particular the age limit is raised back up to 35 on the version currently submitted.
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