New Member - Seeking Information

Hi All,

I am happy to have found this site. My family (wife, 3 kids) have been in the US, from Canada, now for 8 years, on TN and H-1B visas. I am about to start PERM and working towards PR (estimated wait time: 5-7 years). I am hoping that the DreamAct will provide a buffer and some options for my kids during this time. I have one child that started in grade 5 down here and graduated grade 12 last year and who is currently in Canada doing the first year of college. Our second child will graduate grade 12 in the Sping of 2009. Our third child is in grade 7.

So currently, none of my children can work, and are not eligble for student financing. Fortunately we live in a state that provides in-state tuition. I am hoping that my children would be eligle under the Dream Act for some help. Under our current cirmcumstances if my children are not eligible then we will be forced to abandon our hopes for PR and return to Canada in order that our children have the option of working or school (or both)

Can someone shed some light on our situation, and how likely this is to pass in the next year. I realize that it will need to be re-introduced into this session of Congress.

Thanks!

Welcome to DAP Contego1.

From what you're saying it seems you 1st child is eligible but the problem is that he's not inside the United States as the benefit are for those who are INSIDE the United States even if they qualify from outside.If he overstayed he could likely face the dreaded 10 year bar.

Your last two children seem to be Dream act applicants because they are currently within the United States & are also currently enrolled in a U.S Middle & High school which automatically gives them access to conditional residence if Dream act were to pass & also if they are undocumented.

I think I understand why you are looking to the Dream act for your children since it is almost impossible to adjust through TN-1,while H-1B's might be a much better scenario timeline wise if you citizenship is based from Canada.

Ianus,

Thank you for the reply. All my children are legally in the US, having obtained TD and H4 visas (dependent visas). My oldest child, while in Canada going to college, still retains a TD, thereby keeping legal status in the US. (soon to be another H4). While I understand that the DreamAct was written for undocumented children, and I support it, it also appears that this is just another case where legal resident aliens fall through the cracks. I would think that the DreamAct would apply to all aliens (legal or not) who have gone through the US school system. Why should my children be "punished" for a choose made by their parents to reside legally in the US, and what is the difference between this and undocumented children?

Appreciate any comments.

You might want to check out Susan's Expat web site. She addresses this issue as well. I believe her organization did a fundraiser to hire a lawmaker to craft an addition to DREAM to be proposed that would address your questions.


I do not have any idea about how hard it is for people who are legal, but in my situation, I would not have ANY other way to become legal under any circumstance. If I were to return to Mexico, I would have the ten year ban and to apply again, add on 15 years.

A lot of issues are involved here.

www.expatsvoice.com

I understand your concern. There is no doubt that our immigration system, as a whole, needs to be reformed. However, consider that because your children currently have legal status, there are options available to them (student visas, no bans) In our case, because many of us are out of status, there really is no other way to adjust (save perhaps 245i). As Abaddon stated, if any of us were to go back to our native countries, then we would face bans of up to 10 years. Also, those who have status can drive and work (albeit temporarily).

Imo,Regardless of legal or illegal,all are subjected to the harshness of U.S. immigration laws in which the immigrant community bears the burden.I think this is the main reason all in the immigrant community SHOULD promote CIR,not just specific regions of interest.To me,what you have just explained seems to be an explanation of the backlog problems USCIS currently exhibits or the lack of visa numbers available to adjust.

The best advice that I can give at this time is wait & see what the Congress does,& promote Comprehensive reform when the time comes.

Ianus,

Yes you are correct about the backlog situation. Unfortunately, we are caught right in the middle of it. Up until September 2005, E3 Canadians could submit a change of status immediately after Labour Certification and the petition to hire an alien were approved. Since then, all E3s, regardless of country, are subject to retrogression. So we went from 2-3 years to complete the greencard process, to 6-7 years. For us, a job layoff put us right back to square one.

While an argument can be made that my children have more options than an undocumented child, the reality is that my children's options are just as limited: They can not work in the US, they can not accept scholarships or obtain student loans. Fortunately we live in a state where in-state tutition is available to us. Yes it is true that they could return to Canada, however I don't think there is a parent out there who would entertain the thought of sending an 18 year old to another country (yes it is their home country, but....) with no job and no family for support, to fend for themselves.

So our family has really 2 options: wait it out, and hope that the DreamAct becomes law within the next couple of years, or return back to Canada. I am just hoping that the DreamAct takes into account situations like ours, where we fall through the cracks in both countries.

Cheers,

Gary

I always thought only Aussies could apply for E3 status,unless you meant EB3 ?

Since your children's status is tied to your own you might want to take a look at something called the SKiL bill,which would mainly benefit yourself but also your children should benefit from it as well.