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Newark, NJ |

I applied to the dream act a year ago and got rejected, which frustrated me because i have been here since the age of 6 and never left the country nor did i ever stop going to school.
So i completed high school through Lincoln Academy, however i spoke to a lawyer and she mention they are not accepting it, and i should wait a month, its been 6 and now i was told to wait 30 days.

i honestly do not know what to do. Please, help!!

Attorney Answers 4

  1. The DACA does not have an exact list of acceptable educational institution, however, any recognized educational DED Diploma from such establishment may be recognized accordingly. If there are any issues with its acceptance, discuss with your counsel of record for further actions.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

  2. Unfortunately the lawyer you dealt with does not seem to have much DACA experience. USCIS will accept just about any school or educational institution - one does not even need to have graduated. As long as can prove to still be in school. You may one to be seeking a second opinion with another immigration lawyer who does have successful DACA experience and who knows all the rules.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. My colleagues are correct. As long as the school is licensed to issue GEDs in your state, that should be fine. Consult an immigration lawyer familiar with DACA.

  4. From what I can see, there are claims on the Internet that Lincoln Academy is not accredited (though they claim they are) and therefore a diploma from that institution is not a valid one.
    According to FTC code 254.6, it is illegal to advertise a school is accredited, if said accreditation is by an organization that is no recognized by the CHEA and/or the DOE.
    The "National Home School Accrediting Association" is not on this list of valid accrediting associations, therefore schools it accredits do not give diplomas that are generally recognized as valid (though some schools or businesses might do so)
    So, Lincoln Academy is careful in their advertising. They do not certify that they are accredited by anyone but the non-supported accrediting association they have, and they do not guarantee their GED will get you into a college - just that it "gives you the ability to apply" to such colleges - not that they will recognize your degree.
    So it seems your lawyer gave you good advice, and now you know what to look for in a GED. Just paying 300$ to someone who gives you an easy to get degree sounds too good to be true, and as it turns out it probably was.

    This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.

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