Dream Act Eligible

Question: My girlfriend and her brother were eligible for the Dream Act. They have gone back to Mexico for college after graduating high school this last year. They flew into the country. If by some slim chance the Dream Act could pass, would they be eligible if they returned...and I mean by any avenue. Thank you for your responses.

From reading the law, it looks they're only eligible for the Dream Act if they've been in the country continuously for 5 years after turning 16.

Thanks, that's what I thought, they left when she was 18 and he was 19...entered legally, overstayed visas...I assumed once they left, they were disqualified under the Dream Act.

Just to clarify they were here for 6 years before going back. Although, I'm sure that does not matter as far as how it pertains to my question.

i think that if they were still here, they would qualify. however, since they left, they lost their prerequisites. they'll have to immigrate the old fashioned way (or wait until CIR passes, if ever).

Theoretically they're not eligible, but if they are able to come back as an EWI, maybe they could still benefit.

If they left longer than 90 days, they would have given up continuous presence in the US. If they left and and came back within 90 days they would still be eligible. If they left multiple times not exceeding 90 days each trip, but all trips combined totals more than 180 days they too would have given up their continuous presence.

Thanks for the info guys.

They are not Dream Act eligible, because beneficiaries cannot stay out of US for more than 90 days at a time, 180 days in total from 2005 to 2010.

A departure longer than 90/180 days prior to 2005 is unknown.

had they come in w/o legal entry, perhaps they could lie and say they have been here.