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DAP Forums > DREAM Act > The Lounge

Do Lawful or Out-of-Status nonimmigrants Qualify for the Dream Act? - Page 3

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#21
01-12-2014, 12:53 PM
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Chyno
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OP statement of saying you came here legally is stupid. Many of us came here legally and does not mean anything. You were just lucky that you had the chance of having a type of Visa that let you stay here. Non of us DACA recipients get that chance, and many had to suffer all our life. You need to stop taking out your regrets in life onto DACA. It is your fault for not adjusting your status not Obama.

Edit: OP needs to learn that not everybody in life can be pleased the way they want.
Last edited by Chyno; 01-12-2014 at 12:55 PM..
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#22
01-12-2014, 06:34 PM
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Do you seriously suggest being illegal is better than having a visa for all those years? Have you ever lived one day as illegal to see what it is like? For all those years when you have your visa, you can live without fear and go about your day normally.

Do you know what it is like to live without a divers license or ID? Driving to work and school is something so normal but I have to sweat and fear what would happen if I get stop by a police. Have you ever get rob and attack in Detroit and was to afraid to call the police for the most basic protection? Have you ever live without the most basic dignity a human being deserve?
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#23
01-13-2014, 04:51 PM
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Cloudless
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Quote:
Originally Posted by purple1990 View Post
The field I am in does not qualify for H1-B I would have to go straight for the green card under EB3. However there is a possibility it could be denied. Getting the employer petition means having to go back to my home country. The only way to get H1B is if I went straight to graduate school and got my masters. However in my field one needs work experience with a bachelors degree before going back for masters.
Well, that sucks.

I was an F-1 as well, but I specifically picked a major that a lot of companies look for these days, which is in STEM. Perhaps you can take a master's degree in a different field that doesn't require work experience AND one that can satisfy the 'specialty occupation' requirement of H-1B.

As bad as you think your situation is, it's not as bad as being undocumented without status. Your path to LPR is not easy, but it's clearly there.
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#24
01-16-2014, 10:29 AM
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Quote:
Originally Posted by Demise View Post
Out of status (ie. overstayers) are eligible for the dream act. Lawful non-immigrants are not. That's how the law is written. It requires one to be out of status.

Ok I get that I do not qualify for DACA. I have seen attorney's and they agreed so. Right now I am talking about future legislation. If a DREAM act passes, do visa overstayers qualify? I mean visa overstayers whose I-94 says D/S (duration of status) even though their visas expired. From what I have learned from an attorney there is "unlawful presence" and "out of status". I know people who have accrued "unlawful presence" (EWI or definite expiration date on I-94 expired) will benefit from any reform since they are definitely unlawful. My question is about individuals whose visas are expired but I-94 says "valid for duration of status". I know people like this who have been here since childhood for 10 years. What happens to them? Because other than this they qualify.
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#25
01-16-2014, 10:32 AM
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Quote:
Originally Posted by purple1990 View Post
Ok I get that I do not qualify for DACA. I have seen attorney's and they agreed so. Right now I am talking about future legislation. If a DREAM act passes, do visa overstayers qualify? I mean visa overstayers whose I-94 says D/S (duration of status) even though their visas expired. From what I have learned from an attorney there is "unlawful presence" and "out of status". I know people who have accrued "unlawful presence" (EWI or definite expiration date on I-94 expired) will benefit from any reform since they are definitely unlawful. My question is about individuals whose visas are expired but I-94 says "valid for duration of status". I know people like this who have been here since childhood for 10 years. What happens to them? Because other than this they qualify.
Many people come with these nonimmigrant visas that are only valid as long as you do what you are supposed to do. My question is what is their visas expire but I-94 has no expiration date? I don't know why USCIS looks mainly at I-94 and not visas.
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#26
01-17-2014, 02:08 AM
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DreamerSD23
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Quote:
Originally Posted by purple1990 View Post
Ok I get that I do not qualify for DACA. I have seen attorney's and they agreed so. Right now I am talking about future legislation. If a DREAM act passes, do visa overstayers qualify? I mean visa overstayers whose I-94 says D/S (duration of status) even though their visas expired. From what I have learned from an attorney there is "unlawful presence" and "out of status". I know people who have accrued "unlawful presence" (EWI or definite expiration date on I-94 expired) will benefit from any reform since they are definitely unlawful. My question is about individuals whose visas are expired but I-94 says "valid for duration of status". I know people like this who have been here since childhood for 10 years. What happens to them? Because other than this they qualify.
Unfortunately I don't think you would qualify with the current requirements for the DREAM Act. The Senate legislation has a specific clause on F-1. You cannot let your status expire in order to be eligible for certain applications.

I would suggest that you keep your status current and try to find a sponsor or some other route. You do not want to be out of status and live in constant fear like many of us had to before DACA.

I am not an immigration lawyer, but since you are on F-1 and you have D/S on your I-94, it means it will expire when you have completed your degree / fail to be full time student. So if your visa expire, then you will have 30- to 60-day grace period to prepare for departure, after that you will start accruing unlawful presence.

Best of luck, have faith that everything will work out
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#27
01-17-2014, 01:58 PM
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Sorry OP, you DO have it better than us and it's insulting for you to try to get pity when you are legal. You keep talking about the Dream Act like it's a real thing. It's not. You having some legal status right now however IS a real thing. The idea that we somehow have it better than you because we MIGHT benefit from a law that has been rumored to pass for 27 years is ridiculous.

Most of us have been scared to death to even get on an airplane and until recently with DACA, barely have enough rights, many couldn't even open a bank account or drive. The other 11 million still can't even walk in the street without the fear of being deported looming over their head.

Sure your situation may not be ideal but to to suggest that being illegal is better than being here lawfully, having a passport, driver's license, ability to travel, and the ability to change your status tells me you have no idea what we go through.
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#28
01-17-2014, 04:23 PM
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ggalicia
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Quote:
Originally Posted by IamAman View Post
Sorry OP, you DO have it better than us and it's insulting for you to try to get pity when you are legal. You keep talking about the Dream Act like it's a real thing. It's not. You having some legal status right now however IS a real thing. The idea that we somehow have it better than you because we MIGHT benefit from a law that has been rumored to pass for 27 years is ridiculous.

Most of us have been scared to death to even get on an airplane and until recently with DACA, barely have enough rights, many couldn't even open a bank account or drive. The other 11 million still can't even walk in the street without the fear of being deported looming over their head.

Sure your situation may not be ideal but to to suggest that being illegal is better than being here lawfully, having a passport, driver's license, ability to travel, and the ability to change your status tells me you have no idea what we go through.
Well said fellow dreamer
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#29
01-17-2014, 08:10 PM
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The thing too is OP never had to deal with this stuff himself, he didn't apply for that visa,. he came here as a child of 11, so for more than a decade, he has enjoyed a full legal life, one can say it isnt his fault and they are right but just dont expect him to understand the situation of certain people
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