Legally arrived before 16

Question: I can't seem to get an answer to this anywhere.

What if you came here legally before 16 and have maintained status since and enrolled in a college full time?

Are you not eligible under the dream act?

Many have emailed me about that question and my answer is always "unlikely". However, we can't have ANY answers for sure until we have a final version of the bill after changes when it is finally debated. Theorizing about this now is just as useless as counting how many angels fit on the head of a pin.

DreamAct is meant for those who arrived before age 16 *and* have been here continously for not less than 5 years from the date of enactment of the DA.

If you came here before age 16, but have not been here at least 5 years to the date, then you aren't a beneficiary. This is because DA is meant for undocumented immigrants who came here as children (read: have lived here for a very long time). Also, it is implied that is meant for those who have not any means to obtain any other status. If you have status (of any kind) I don't think you can benefit from it.

Contrary to popular belief, DA's purpose is to aid young illegal immigrants get status BY becoming students or military personnel, not to make any foreign student a permament resident If you already are a student and meet every other requirement, then great, you get your conditional status. You just have to prove that you came here before age 16 and that you've been here at least 5 years, which is very easily verifiable by just bringing in you school transcript and public school enrollment form.

If you were here legally what happened?

You are eligible if you legally came here 5-years earlier and become an illegal the day before Obama signs the Dream Act.

In fact, the majority of Dream Act beneficiaries are visa overstayers who came here legally.

That means you had to be here before July 25th, 2005 assuming it is passed today, and have documentation to prove it, mostly your school record and I-94.

It's very easy for a legal to become an illegal.

He never said he became illegal though.

He will have to.

Oh dear, why would he do that?

I would rather leave the US than become illegal.

LOL at becoming illegal right before Obama signs the law. Anyone who knows anything about immigration law knows it takes quite some time to become out of status on F1. Better start now. Or you might not get any chance at all.