QUESTION

Am I eligible for Obama's new Dream Act Lite?

Asked on Aug 05th, 2012 on Immigration - New York
More details to this question:
I wanted to know if I fall under the new Obama's "dream act lite" as there calling it? I highly qualify for all the requirements under the new law and more considering I lived in the USA for 18 years ever since I was 3 and now I am 25 yrs old. I never committed a crime and was going to college before I was deported back to my country. So would I be able to reenter the USA under this law with an experienced lawyer? My brother who is currently legal in the USA is ready to file a case for me if I'm eligible.Please reply I would be greatly appreciate it!
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10 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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If you were not in the U.S. on June 15, 2012, you will not qualify.
Answered on Aug 27th, 2012 at 3:42 PM

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Thomas J. Rosser
No, you are ineligible for the Deferred Action for Childhood Arrivals (DACA) program for several reasons that you will be unable to overcome: you were removed from the US prior to the date of its enactment and you were not physically present in the US as of June 15, 2012 or since, among other considerations.
Answered on Aug 23rd, 2012 at 10:31 AM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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You need to have been in the country on June 15, 2012 to qualify. If you weren't, then you are not eligible.
Answered on Aug 23rd, 2012 at 10:30 AM

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Rebecca T White
If you were deported back to your home country and are no longer in the US this will not benefit you.
Answered on Aug 23rd, 2012 at 10:28 AM

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Immigration Attorney serving Boulder, CO
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You may qualify to apply for Deferred Action for Childhood Arrivals or DACA. You should consulate with a licensed attorney to determine whether you are eligible and to discuss the process.
Answered on Aug 23rd, 2012 at 10:28 AM

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Your case in complicated given the facts that you were deported or signed papers to be voluntarily removed and are no longer in the US. Feel free to contact me or another immigration attorney of your choice to schedule a consultation so all relevant facts can be analyzed and competent advice given.
Answered on Aug 23rd, 2012 at 10:28 AM

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Immigration Attorney serving Torrance, CA at Marie Michaud, Attorney At Law
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In order to qualify for DACA (deferred Action Childhood Arrival), you must have been present in the US on June 15, 2012. This was the day President Obama made his announcement. In addition, you must have continuous residence / presence in the US since before 6/15/2007 and a removal breaks the continuous requirement if the Removal took place after 6/15/2007. It doesn't appear that you qualify for DACA, but maybe for something else. I would need more facts.
Answered on Aug 23rd, 2012 at 10:27 AM

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If you were not present in the US on June 15, 2007, you will not qualify for deferred action under the new Obama policy. I also assume that you are subject to the 10-year bar for accumulating more than 1 year of unlawful presence in the US. I think your brother should file the I-130 petition for you as soon as possible, and you should be able to reenter the US when your priority date becomes current.
Answered on Aug 23rd, 2012 at 10:27 AM

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Family Attorney serving Arlington, TX at The Nwokoye Law Firm
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You do not qualify as you were not within the US on June 15th 2012.
Answered on Aug 23rd, 2012 at 10:27 AM

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I am sorry to give you bad news, but this program cannot help you. One of the requirements of the program is physical presence in the U.S. on 6/15/2012 without a legal status; another - physical presence here from 6/15/2007 to 6/1/2012; quite clearly, you cannot satisfy them. Besides, the program clearly states that it does not give any immigration status. No matter how experienced, no attorney can bring you back to the U.S. under this program (even if some might take your money to try). Do not attempt coming back to the U.S. without permission: the record of your removal will show that you could not have been here for the five years from 2007, you can be put in prison for illegal re-entry after deportation, and you will become barred from the U.S. for the rest of your life. If your brother becomes a U.S. citizen, he can file an immigrant petition for you; the process will take longer than the 10 years that you cannot get a U.S. visa after deportation. If you marry a U.S. citizen, you might be able to return here sooner. But on the facts you provided, there is nothing that can be done for you now.
Answered on Aug 23rd, 2012 at 10:25 AM

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