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Age Bracket Clarification

#1
07-27-2010, 04:06 PM
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I was reading news comment and some were saying "I feel sorry for those who are too young(below 12) to benefit from Dream Act". Errors in "Do I qualify" FAQ in this site doesn't help either.

There is no such thing as an age too young to benefit from the current version of Dream Act. Everyone under the age of 18 who entered the US before September 2005, has not left the US for more than 90 days at a time/180 days in total since September 2005, and his/her 16th birthday would qualify. They have to wait until their 18th birthday to file for conditional residency, but minors under the age of 18 cannot be deported and cannot be denied a public K12 education so they are safe until their 18th birthday.

So here is how things look for people depending on age bracket.

0~17 : Must wait until they turn 18 to file for conditional residency. Cannot be deported until 18.

18~34 : Can immediately file for conditional residency, but must have a US high school degree or GED. Must obtain an associate degree or better within 6 years, or serve in the military.

35+ : Can immediate file for conditional residency, if they had an associate degree or better before the day Obama signs Dream Act into law.

Hope this clears up.
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#2
07-27-2010, 04:17 PM
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Diplok
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Are you completely sure about this. I'm not so sure on the 35+ range. I get scared about the age thing all the time. I just turned 29. Maybe I should stop freaking out about qualifying for a bill that hasn't seen the light of day yet.
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#3
07-27-2010, 04:34 PM
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Quote:
Originally Posted by Diplok View Post
Are you completely sure about this.
Yes. Age of 12 refers to the removal of existing deportation order, not the age fit to file for conditional residency. 17 and under cannot file for conditional residency on the day Dream Act is signed; they must wait until their 18th birthday, but the Dream Act guarantees that they would not be deported until they have a chance to file for conditional residency with the removal of deportation order provision.

Quote:
I'm not so sure on the 35+ range.
It is in the Senate Bill under the "Retroactive Benefits" provision of Article 6. This one is rarely mentioned in the press because there is no upper age limits for people who already have a college degree before the Dream Act is signed. 34 is the upper cap for those without a prior college degree.

Quote:
I get scared about the age thing all the time. I just turned 29. Maybe I should stop freaking out about qualifying for a bill that hasn't seen the light of day yet.
Then graduate ASAP. Doesn't make any sense to give conditional residency to some 34 year old with GED while denying it to a 35 year old illegal with a Ph'D, if there is one. If there is an adjustment of age cap, then the people with more education are most likely to be spared since those people are the most desirable of illegal immigrant population.
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#4
07-27-2010, 04:41 PM
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Dan P
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So I have a question, I'm 17 seeing that I won't be able to file for conditional residency if it passes this year. I turn 18 on February, which is half way of my senior year, do I have to wait until I graduate to be able to drive?
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#5
07-27-2010, 04:54 PM
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Quote:
Originally Posted by Dan P View Post
I turn 18 on February, which is half way of my senior year, do I have to wait until I graduate to be able to drive?
Yes, you have to be 18 to apply for conditional residency even if you graduated from high school at 17. The reverse is also true, that you are 18 but hasn't graduated from high school yet.

Without a conditional green card, you can't get a driver's license in some states. But is this that much of an inconvenience?
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#6
07-27-2010, 05:06 PM
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Well I just wanted to know if would be able to get a driver license for ID when I'm but it's good I can wait....still can't wait til it passes for my fellow dreamers and family! Push push
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#7
07-28-2010, 10:26 PM
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are you on crack? almost nothing you said is true. trust me. at it since 2003.
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#8
07-29-2010, 07:46 AM
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please correct your findings.
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#9
07-29-2010, 09:34 AM
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Quote:
Originally Posted by OrlandoDREAM Act View Post
please correct your findings.
What is wrong with my findings?

Under the 18 : Minors cannot petition for immigration benefits(If this was the case, then all the minor citizens would petition for their illegal parents, but they must wait until they turn 18 before they could petition for their parents), so they must turn 18 before they could petition for an immigration benefit under Dream Act. There is no lower age cap either, so a 5 year old who was brought in 5 years ago would qualify, but must wait until 18 to petition for benefits under Dream Act. So that would change this age bracket to be 5~17, but that's about it.

18~34 : We all agree on this.

35+ : These people are qualified under the Section 6. RETROACTIVE BENEFITS UNDER THIS ACT. of the Senate Bill. There is no upper age cap in House Bill.

Quote:
SEC. 6. RETROACTIVE BENEFITS UNDER THIS ACT.

If, on the date of enactment of this Act, an alien has satisfied all the requirements of subparagraphs (A) through (E) of section 4(a)(1) and section 5(d)(1)(D), the Secretary of Homeland Security may adjust the status of the alien to that of a conditional resident in accordance with section 4.
Quote:
(A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this Act, and had not yet reached the age of 16 years at the time of initial entry;

(B) the alien has been a person of good moral character since the time of application;

(C) the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E), or (10)(C) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); and
(ii) is not deportable under paragraph (1)(E), (2), or (4) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a));

(D) the alien, at the time of application, has been admitted to an institution of higher education in the United States, or has earned a high school diploma or obtained a general education development certificate in the United States;

(E) the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien--
(i) has remained in the United States under color of law after such order was issued; or
(ii) received the order before attaining the age of 16 years; and

(F) the alien had not yet reached the age of 35 years on the date of the enactment of this Act.
Last edited by Immigrant; 07-29-2010 at 09:58 AM..
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#10
07-29-2010, 02:06 PM
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I havent looked at the recent DREAM Act, but previous editions had age caps of 30, and I think one of the latest had a cap of 35.
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