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I was told by some reletives that i may apply for the dream act i want to know if its true?

Salt Lake City, UT |

Basically i lived inside the US since i was 6 and assisted school there up in till the year 2008, I was then sent to live in mexico and have been since, i haven't been able to reenter the united states since and wonder if there is a possible way in which i could do this legally through the dream act?

Attorney Answers 3

Posted

no. You would need to be residing here to to be eligible and show continuous residence from June 2007 through June 2012 (a brief absence could be excused but 5 years is not brief and you are not here so it doesn't matter.

You may have other options to return if you have a petitioning relative or employer so I suggest you consult with an immigration lawyer who can analyze the facts of yor situation. How old were you when you left the U.S. for example?

--
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
website: www.immigrateme.com

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

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Asker

Posted

Thanks for your input. I was 15 at that time, i just turned 20 past march and im residing in tijuana, mexico

Lynne Rogers Feldman

Lynne Rogers Feldman

Posted

That is good then because it means you did not accumulate any unlawful presence so would not need a waiver for that purpose if you do qualify for some visa to return to the U.S.

Asker

Posted

So basically i have no benefit whatsoever in my time spent inside of the US towards being able to reenter legally, id have to apply for some type of visa which would most likely be declined due to my lack of expertise skills or education? I already had attempted to enter the US illegally last December and was caught and deported by the CBP so i really don't know what to do here i would love to enter the country i love legally but it seems i have no options to do so. Is there anything i could do legally or not? what do you think?

Lynne Rogers Feldman

Lynne Rogers Feldman

Posted

Since you were caught and deported this will make any visa much more difficult. If you want a consultation on your options, then call to schedule this. I would suggest getting some skills, start a business there and after you operate it successfully for a year or so there may be an option to set up a branch in the U.S. Or get more schooling and then figure it out.

Asker

Posted

Thanks for the information, I am really grateful. Situations like these is what leads law abiding illegal immigrants to resort to illegal activity to go back to the land of the free.

Posted

First of all, there is no such law as the "DREAM Act". It never passed. What you are referring to is DACA. Based on your facts you definitely would have qualified for it, had you never left the US and been here now.

However, with you having left the US in 2008 and having remained in Mex ever since you do NOT qualify for DACA, as that "deferred action" relief is for individuals present (and residing) in the US, not for those who have left almost 5 years ago. Sorry.

Behar Intl. Counsel 619.234.5962 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.

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Asker

Posted

I though so thanks for your reply, is there any type of action i can take to return to the US through a legal process?

Posted

Not in the UNited States. If your relatives talked about some other country, maybe. Here, we do nto have a DREAM ACT. We simply do not. We have DACA which is a regulatory program that gives some qualifying youth some benefits. Follow the link to see if you are qualified.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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