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DAP Forums > DREAM Act > The Lounge

Question about DREAM Act

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#1
04-02-2007, 06:57 PM
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Joined in Apr 2007
54 posts
floalin13
0 AP
hey guys, i'm new here, but i have a question

i've been in the US for over 8 years now, i just turned 18, and i've been here legally as a dependent on my parents' student visas, which have been renewed quite a few times. I currently attend high school and will graduate in '08. My question is, could i qualify for the DREAM Act, if it passes? I am stuck on an F2 visa, with a 2 year requirement to go back to my home country because my parents came here with a J visa originally. My status has been 100% legal the whole time i was in the US, do you think i benefit from the DREAM Act?

I am, like many of you, at a dead end. I cannot gain permanent residence without first spending 2 years in my home country, then I will have to come back on a student visa, as an international. Please give your opinions. Thanks.
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#2
04-02-2007, 08:11 PM
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Chaz03
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I've lived in the US for almost 10 years since I was 12. My family moved here from Mexico legally in 1997 when my dad was transferred in his company. I've had an L2 visa and an E2 visa now, so the entire time I've been here I've been legal but unable to work or receive financial aid for college, etc. Now I'm 21 and cannot reapply for a visa with my parents as a dependent anymore, not that I would want to anyway because like I said I can't work. I'm about to graduate from college with a bachelor's degree in May but can't apply for jobs because like I said, can't work with an E2 visa. For this reason I applied to grad school and I've been accepted into a program already, but now I have to get an F1 student visa. My point is that if I had been here illegally, I would definitely be able to get a green card through the DREAM Act, but now because I've been a legal temporary resident my entire time here I have to be an international student for two years, then hope a company will sponsor me so I can get an H1-B visa, and then maybe if I'm a good enough worker they might sponsor me for a green card. I'm looking at 6 or 7 more years at least before I can get a green card, that is of course on top of the ten that I've already been here.

Overall I hope that DREAM Act passes soon, but I think that it should apply to everyone who fulfills the requirements regardless of whether they've been here legally or not.
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#3
04-02-2007, 08:40 PM
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floalin13
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I've read the actual text of the bill -- the most current one (H.R. 1275) and nowhere does it say that the alien must have illegal status. Also, on page 8 section 2 of the bill (link at the bottom), it states that:

Quote:
RETURN TO PREVIOUS IMMIGRATION STATUS.-- Any alien whose conditional permanent resident status is terminated under paragraph (1) shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act.
This would imply that an alien could qualify for the conditional permanent resident status as a non resident legal alien, perhaps? It does state that the alien must be deportable to qualify, but it also includes the word "inadmissible," (page 3, line 14) which would apply to legal aliens in a dead end situation such as us. What do you guys think?


http://www.immigration.com/newsletter1/dreamacttext.pdf
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#4
04-02-2007, 09:07 PM
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Abaddon
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I think your questions should be addressed to a lawyer. Unfortunately,most of us here cannot answer specific questions. Maybe Ianus can answer them.
__________________
Fallor, ergo sum. I err, therefore I AM.--St. Augustine

The miracle of your mind isn't that you can see the world as it is--it's that you can see the world as it isn't.--Kathryn Schultz
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#5
04-04-2007, 11:14 PM
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floalin13
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it seems that if the current version of the DREAM Act passes, i will not be able to benefit from it unfortunately. i am trying to contact senators and representatives who support the bill to suggest that beneficiaries include people such as me. I don't know how much success I will have, considering that I am alone in my efforts.
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#6
04-05-2007, 12:32 AM
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Chaz03
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You're not alone I have already e-mailed some congressmen about it, just trying to raise awareness. I do think that there are probably a lot less people like you and me who have been living here legally for a long time but don't have green cards, and aren't really on any kind of "path" to acquire them. Hopefully they will make a little amendment for us. I guess all we can do is wait.
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#7
04-08-2007, 03:03 PM
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floalin13
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Chaz03 - you are in a much better situation than me. You could just quit your program, let your status run out and qualify for the DREAM Act. Also, unlike me, you do have a path to citizenship, because you do not have the 2 year requirement. Because of that i don't know if they will include you on the DREAM Act, just because you do have a path, regardless of the fact that it is a very tough and tedious path. With my case, I can see absolutely no reason why they would not amend it to include people in my situation, because of my status. I would even be happy with a waiver for the 2 year requirement, anything so that i at least have a path to citizenship.
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