Do I qualify for the potential Dream Act?

[Gocchin Sama]

I came here when I was 14, graduated from HS at 17, and went to college at 18. In 2003, I had to cancel my F1 visa with school and to apply for gc as a dependant of my mom based on her employment-immigration under the 245(i) LIFE Act. I did that mainly because I really couldn't afford to pay double to triple the tuition as an International student and at that time, my mom's application seemed like the logical way to go. In 2004, her I-140 and our I-485s were denied due to 3 consecutive lawyer's malpractice and incompetence. On top of that, her employer's failure to show the ability to pay the future wage (that bastard made millions yet reported loss on the tax return!) also contributed to the denial of the case. So I have been out of status since then.

I got my bachelor's degree last year at 22. I am now 23, soon becoming 24. If the bill is to be passed, am I qualified for the Dream?

[juang]

i believe you DO qualify

[Nick]

The only reason why you could be inadmissable is section 4(a)(1)(E) (http://www.dreamact.info/index.php?option=com_content&task=view&id=54&Itemid=45#4a)

(E) the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien has remained in the United States under color of law or received the order before attaining the age of 16 years.

I'm no lawyer, but from what I understand, if you have been "under a final administrative or judicial order of exclusion, deportation, or removal" (still trying to decypher what that means exactly), didnt leave, and were at the age of 16 or older when the decision was made, you are NOT admissable under the DREAM Act. Otherwise you are, unless ofcourse you have a criminal record, in which case you'll have to dig deeper.

[Gocchin Sama]

Thanks, guess I am safe. According to the full text, individuals with 2 or more years of college completed can skip the 6-year conditional gc and go straight for permanent gc, correct?

[Nick]

Good question, thank you. I've looked into this. I believe it narrows down to the following subsection (5(c)(3) (http://www.dreamact.info/index.php?option=com_content&task=view&id=54&Itemid=45#5c)):

(3) TIME TO FILE PETITION- An alien may petition to remove the conditional basis to lawful resident status during the period beginning 180 days before and ending 2 years after either the date that is 6 years after the date of the granting of conditional permanent resident status or any other expiration date of the conditional permanent resident status as extended by the Secretary of Homeland Security in accordance with this Act. The alien shall be deemed in conditional permanent resident status in the United States during the period in which the petition is pending.

In other words the earliest you can file to remove the conditional status, to adjust to a permanent resident status, is 5 and a half years after you have attained the conditional resident status. Unless the Secretary of Homeland Security sets other dates for which you can file, but I cannot find anything that describes these dates, meaning chances are they are not going to be there. Can you point out the point in the text which led you to believe that people who completed 2 or more year of college or military service qualify for permanent residence immediately? Maybe I missed it.

[Gocchin Sama]

Scroll a little bit down to 5(d)(D)(i):

(D) The alien has completed at least 1 of the following:
(i) The alien has acquired a degree from an institution of higher education in the United States or has completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States.

EDIT: Oh crap, you are right. We must meet the 5 1/2 year requirement too on top of the degree requirement.

[Nick]

Yeah, the section you pointed out just clarifies what should be in the petition you file at the 5 and half year mark.
I'm glad we cleared that up.

[Gocchin Sama]

Ok, we filed a complaint with the Attorney Disciplinary Committee against the attorney who handled our case regarding his breach of contract(refusal to refund the retainer) and other ethical and disciplinary issues. The attorney responded saying how we are illegal immigrants now playing with the law system. My question is can that scumbag actually write a letter to INS and ask them to deport us?

[Nick]

Ok, we filed a complaint with the Attorney Disciplinary Committee against the attorney who handled our case regarding his breach of contract(refusal to refund the retainer) and other ethical and disciplinary issues. The attorney responded saying how we are illegal immigrants now playing with the law system. My question is can that scumbag actually write a letter to INS and ask them to deport us?

This is serious stuff, so you better go ask an immigraiton lawyer. An annonymous tip off to the INS I guess is possible.

[VJB2]

Yeah, I would definately be careful.