do you get a green card after EAD? - Page 2

You don't apply to Dream Act.. since it hasn't passed yet and won't pass for awhile.

You can apply for DACA tho.

Form I-797 is just a system of notifications USCIS uses to notify you if something has changed in your immigration application.

Ha. I wish. DACA and Dream Act are two different things.

If your DACA is approved, you could travel outside the US if you apply for advanced parol, form I-131($360). BUT if you have accrued more than 180 of unlawful presence and you travel outside the U.S. and then seek re-entry, you could be barred from the US from 3 to 10 years, even if your advanced parol was approved.

From the USCIS DACA website:

"Do I accrue unlawful presence if I have a pending request for consideration of deferred action for childhood arrivals?
You will continue to accrue unlawful presence while the request for consideration of deferred action for childhood arrivals is pending, unless you are under 18 years old at the time of the request. If you are under 18 years old at the time you submit your request but turn 18 while your request is pending with USCIS, you will not accrue unlawful presence while the request is pending. If your case is deferred, you will not accrue unlawful presence during the period of deferred action. Having action deferred on your case will not excuse previously accrued unlawful presence.

If my case is deferred, am I in lawful status for the period of deferral?
No. Although action on your case has been deferred and you do not accrue unlawful presence during the period of deferred action, deferred action does not confer any lawful status.

There is a significant difference between “unlawful presence” and “unlawful status.” Unlawful presence refers to a period an individual is present in the United States (1) without being admitted or paroled or (2) after the expiration of a period of stay authorized by the Department of Homeland Security (such as after the period of stay authorized by a visa has expired). Unlawful presence is relevant only with respect to determining whether the inadmissibility bars for unlawful presence, set forth in the Immigration and Nationality Act at Section 212(a)(9), apply to an individual if he or she departs the United States and subsequently seeks to re-enter. (These unlawful presence bars are commonly known as the 3- and 10-Year Bars.)

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. Because you lack lawful status at the time DHS defers action in your case, you remain subject to all legal restrictions and prohibitions on individuals in unlawful status."

thanks so much! so can you travel out of the country with the DACA? when you get your EAD? what can you do and what can you not do?

Yes. If you want to be technical, DACA are given PRUCOL status (Persons who are Permanently Residing Under Color of Law). This basically means that the govt recognizes your presence and will not enforce removal.

If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?
Not automatically. If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if you are traveling for humanitarian purposes, educational purposes, or employment purposes. You may not apply for advance parole unless and until USCIS defers action in your case pursuant to the consideration of deferred action for childhood arrivals process. You cannot apply for advance parole at the same time as you submit your request for consideration of deferred action for childhood arrivals. All advance parole requests will be considered on a case-by-case basis.

If USCIS has deferred action in your case under the deferred action for childhood arrivals process and you are subject to a final order of removal, you may request advance parole if you meet the guidelines for advance parole described above. However, once you have received advance parole, you should seek to reopen your case before the Executive Office for Immigration Review (EOIR) and obtain administrative closure or termination before you travel outside the country. If you have any questions about this process, you may call the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at [email protected].

Due to a new ruling early this year, that is no longer triggered when traveling abroad. Nevertheless, traveling with advance prole is tricky business... :/

Newyorker,do you have a reference or link to this ruling? I would like to know more. Thanks!!

Very good information from Nesto90!!!

Here you go.Matter of Arrabally and Yerrabelly

DACA: subject to discretionary renewal, unlawful status, lawful presence, granting of a work permit in the majority of cases, access to a SSN with the aforementioned, access to a license and state ID depending on your state's legislature.

DREAM act: conditional residence -> permanent residence

Having applied for DACA benefits will not be a requirement to qualify under the DREAM act since many children will not qualify under DACA because they are currently too young, and many people who started a GED course this year just to qualify will not complete it. The most important step under DACA would be the background check which would obviously need to be repeated for everyone if the DA passes--this will exclude a bunch of people who have fucked up by then. The main advantage of having been granted deferred action for those who graduated high school is not having to submit mountains of evidence when applying for DA benefits. Granted, those who qualify for the DA will need to show proof of presence in the DACA and DA interim, doing this will prove easy while owning a SSN.