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Do I apply for the DREAM ACT if I came to the US on July 16 2007?

Santa Clarita, CA |

I came here one day after the requirement. Is there anything I can do?

Attorney Answers 4


The DREAM Act as I think you are envisioning has not been passed through Congress. Generally, DREAM Acts that are currently in effect are state-wide versions that deal with tuition and financial aid for immigrants.

I think what you are looking for is consideration for deferred action. This status was created as an off-shoot of the national DREAM Act. You may request consideration of deferred action for childhood arrivals if you:

Were under the age of 31 as of June 15, 2012;
*Came to the United States before reaching your 16th birthday;
*Have continuously resided in the United States since June 15, 2007, up to the present time;
*Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
*Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
*Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
*Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

I would need more information to make an assessment of your situation. You should consult an immigration attorney.

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More facts needed. Do consult with an experienced Immigration Attorney for assistance.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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Please see the answer to your other question.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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