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Obama's dream act if I currently holding a temporary green card?

New York, NY |

I have a 2 year green card , I'm married to a US citizen - but we are planning on divorcing - so my question is - can I go the dream act route instead of pursuing the i751 waiver through marriage? I otherwise qualify for Obama's law.

Attorney Answers 4


  1. No, you needed to be out of status on June 15, 2012 to qualify.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. No, but you can still remove the conditions if you get divorced, just make sure to work with an attorney. My firm handles 751 petitions and uncontested divorces in NY.
    Regards,
    Nick Misiti
    Misiti Global
    212 537 4407

    Legal disclaimer: The statement above is general in nature, 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.


  3. No need. You should be fine without "Dream Act." Especially, when nobody knows how and when exactly it will be implemented.

    This advice does not creat an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential.


  4. My understanding is that you should be fine, however you will want to check with your immigration counsel anyway. I wish you the best of luck with both matters.

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.

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