would my friend be eligible?

My friend went back to the Philippines today. He was here since age 3, and is now 21. He graduated high school here, and was currently working on an associates degree, needing only around 12 more units. He was not a legal resident, so therefore he went back to the Philippines to continue his education. Would he be eligible to come back if the dream act was passed?

No, he would not be eligible. He should've stayed here for at least two more years.

No. There's nothing right now in the legislation that states that.

Why would he not be eligible? He lived here in America for 18 years. What would have staying here for 2 more years have done?

Because he went back to the Philippines. You have to stay in the U.S. for at least 5 years to benefit from the Dream Act. You have to be present in the U.S. if the Dream Act is enacted.

I believe Jourbalist meant that he should've stayed here for at least 2 more years to see if the Dream Act passes or not, because we think it has a good chance of passing in the next 2 years. He should not have gone back because now he won't benefit unless they put something in the Dream Act that says he can, but that is highly unlikely.

He is an innocent victim. His parents were here illegally and he is the only one in the family that has to pay for it. He has one younger brother who was born here in California. They all went back to the Philippines today, because his parents have an interview in March to get their green cards. I believe they got the interview through his father's work. If they get their green cards, his parents and his younger brother can come back but he is the only one that can't correct? I wish there was something that I could do to help, I would do ANYTHING. Right now, our best hope is to find him a U.S Citizen to marry, am I correct? He also is going to become a nurse in the Philippines, is there anyway he can come back through nursing? I know his parents can petition for him once they get their green cards but who knows how long that would tale. I appreciate your guys' help.

Something doesn't seem right. If they over-stayed their visa and left the country, they should have a 10 year ban. They should have been able to adjust in the country. By leaving they activated the 10 year ban. Are you sure they were here without authorization? I read about a family not too long ago that was here for 15 years with permission because of humanitarian grounds because one of their kids had leukemia or something without actually having a visa and they had to leave the country because their permission to stay was terminated before their greencard interview through one of their kids becoming a citizen. They then came back in a little less than a year with their green cards.

If what you say is true, I don't think the whole family can come back for at least 10 years. When his brother turns 21 (if ten years have passed since they left the country), then he can sponsor his parents but it will be another 15 years or so after that for your friend to get his green card through his brother. If he has a girlfriend still here and they get married, he MAY be able to come back with a I-601 wavier. Check out www.immigrate2us.net.

Once he left the US he acquired a 10 year ban, its gonna be difficult to dam near impossible for him to be able to come back. Also even if he does marry a US citizen he still has the 10 year ban and the only way to remove it is through a hardship waiver, which is difficult to prove, anyways on the positive note he can always get his degree in NUrsing in the phillipenes and try to get a work visa to another prominent country other than the US, we have had one dreamer that has gone back to his home country and obtain visa's to spain. I wish your friend good luck but to be honest he should have done his home work before leaving the country.

When I read this I also was thinking the same thing. caliplaya209 Did the family enter without inspection or with a Visa? I know that with a family based petition if you have EWI and do not qualify under 245I then you have to go back to your home country for the interview, but before going back you have to have filled out an I-601 form waiver in order to bypass the 10 year ban...I'm not sure if such a waiver form exist for a work based petition. Hopefully your friends parent didn't consult a money hungry Lawyer who had no clue of what he was doing.