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View Full Version : San Francisco Teacher needs questions answered...


beachbum
05-09-2007, 09:29 AM
Hi everyone,

I'm from the Bay Area. I have a former student who I am friendly with. He will be 18 in October.

He is undocumented. His parents brought him to the USA when he was 7. He has been educated in California Schools. He has had several bouts with juvenile detention (non-violent offenses)...in fact from age 15-17.5, he's been locked up or in "reform school" more than he has been free.

He is a Special Education student. He reads and writes at a very low level. He will not pass the GED or be granted college admission as the reading level on the tests will be much too difficult for him.
As you know, he can't get a SS#, ,driver's license, or a legit job.

How can the Dream Act help him? He was brought here as a child, raised here as a California kid. The family (several siblings, parents, grandparents, aunts, uncles, cousins) are all here---undocumented.

An immigration attorney told me that he can be deported at 18 if he breaks the law. I asked about marriage. If he marries and fathers a child with his girlfriend (a US citizen), the lawyer said he can still be deported.

WHAT OPTIONS DOES THIS BOY HAVE?!?!

Thanks for any/all advice.

juang
05-09-2007, 11:17 AM
He can't be benefitiated by DREAM Act since he is not even able to get a GED. You at least need a GED to get the conditional residence status, and a college degree, 2 years in the military, or 2 years in college towards a 4-year degree, to get the permanent residence.

Plus, I don't know how his case will be judged since he's been "locked up". One of the requirements is to have a "good moral character", and I think no police record at all (but i'm not so sure about the second one)

About the options he has...well, I would say: Start studing and get a GED/high schoo diploma, stay out of trouble. That is if he wants to qualify under DREAM Act.

rock steady
05-09-2007, 12:15 PM
Hi,

Unfortunately as Juang stated, the language in the DREAM Act explicitly states the requirement of a high school diploma or a GED plus either military service or 2 years of college towards a 4-year degree. And again, there is the whole issue of his time spent in juvenile hall.

I wish there was more in the bill, but as it stands now, it looks like he would have a hard time qualifying under DREAM.

As far as marriage is concerned, it would only be viable in the case that he was not brought here illegally (as opposed to overstaying a legal visa). Also, it would help greatly if he was the beneficiary of a current immigration petition filed before April 30, 2001.

I hope that clears things up a bit.

hooper
05-09-2007, 06:01 PM
The Dream Act isn't very detailed on that topic. You might want to look under the Immigration and Nationality Act which goes into further detail about violations and minors. The Dream Act does use parts of the Immigration and Nationality Act to see if you're admissible, hope that helps.

lookingforchange
05-09-2007, 11:24 PM
Y can he not pass the GED Test, i have witnessed a studentens with disabilites (not just physical) attened four year institutions. I would just suggest studying with him and getting him prepared for the GED test. Once that is completed he WILL be able to attend a community college, therefore he can complete the post 2 years of education recuired. Trust me there is away, Many of children with mental disabilites graduate or obtain a GED. I am just worried about his stints with the law, because as said before the applicant must show "good moral character"

beachbum
05-10-2007, 01:32 PM
Thanks so far everyone. Why can't he pass the GED? Well, maybe eventually he can. But he is super-resistant to working on improving reading skills. He's in a reform school setting until late summer 2007. He will be 18 in October 2007. I hope to convince him to take more reading classes and such. His record should be sealed when he is 18 so hopefully the juvenile record will be a non-issue. Any more advise is welcome!

Sayuri Jane
05-31-2007, 11:31 PM
Thanks so far everyone. Why can't he pass the GED? Well, maybe eventually he can. But he is super-resistant to working on improving reading skills. He's in a reform school setting until late summer 2007. He will be 18 in October 2007. I hope to convince him to take more reading classes and such. His record should be sealed when he is 18 so hopefully the juvenile record will be a non-issue. Any more advise is welcome! ask him if he wants to spend the rest of his life this way (without papers, a bad boy..) and explain to him that he NEEDS a GED if he not only wants to be legalized, but also if he wants to make something out of himself, also let him know that there are millions of kids who would give anything to have the chance that he is playing w/ atm. i understand that he has disabilities but this will only stop him if he wants it to.