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Do I qualify for the DREAM Act if I came to U.S. at the age of 16?

Bloomfield, NJ |
Filed under: Immigration

I came when I was 16, and turned 17 here. Do I still qualify for the DREAM Act ?

Attorney Answers 4

Posted

You do not qualify under the current policy. The Department of Homeland Security has posted guidelines that are available on the Internet. A link is available on my website in the news section. You may have other options - call an immigration attorney to schedule a consultation.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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Posted

As written, you would not qualify. It is not the DREAM Act, it is only a change in policy. You can read about it at http://www.dhs.gov/ynews/releases/20120612-napo.... According to the announcement the policy is effective immediately, however USCIS will not start accepting applications until August. See a lawyer before you do anything to understand what is at stake. You need to discuss the risks, given that everything may change in November.

Maybe you have other options.

714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

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5 lawyers agree

Posted

Unfortunately, no.

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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Posted

Unfortunately, under the current policy, it is not a law, you do not qualify. Nonetheless, if you are detained by immigration officials you could still apply, and have a good chance to receive, deferred action.

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1 comment

Lisa Michelle Anderson

Lisa Michelle Anderson

Posted

Under the Deferred Action for Childhood Arrivals policy, you do not qualify because you had already turned 16 at the time you entered the United States. However, if you are detained by ICE, you may qualify for a related process known as prosecutorial discretion. That means the government may decide to permit you to remain in the US and apply for a work permit rather than to spend time and resources deporting you. However, you should still be very careful and avoid being detained. It is not an affirmative program; it is something best reserved as a defense if you are unfortunate enough to be detained. It is a discretionary process so there is no guarantee you would be approved for it.

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