QUESTION
Can I apply for the Dream Act after leaving the US in 2009?
Asked on Aug 30th, 2012 on Immigration - California
More details to this question:
I lived in the US for almost 10 years. I graduated both middle and high school. I left the US in 2009 for a family emergency and ever since then I want to go back to the US.
9 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
You won't qualify because you've been outside United States too long.
Answered on Sep 13th, 2012 at 8:11 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Two years is not a brief departure. In addition, it appears you were not present on 6/15/12.
Answered on Sep 13th, 2012 at 1:10 AM
Rebecca T White
From what you describe you will not qualify under the deferred action program based upon the Dream Act. You may be able to obtain a student, work, or investment based visa depending upon your personal circumstances.
Answered on Sep 12th, 2012 at 11:32 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you have been out of the U.S. since 2009, you probably do not qualify for DACA. To qualify, you would have had to be in the U.S. for 5 years on June 15, 2012. From your question, it appears that you have been out of the U.S. since 2009 and therefore you will not meet the requirements.
Answered on Sep 10th, 2012 at 2:12 PM
1 Award
To be eligible for a deferred action, you need to have been in the United States on June 15, 2012. It doesn't sound like you were, so you would not be eligible.
Answered on Sep 10th, 2012 at 1:23 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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No you cannot. To be eligible, among other things, you must be in the US on July 15, 2012.
Answered on Sep 09th, 2012 at 4:20 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Only brief and casual departures will not break the continuous physical presence requirement. Have you applied yet.
Answered on Sep 09th, 2012 at 3:55 PM
Bruce A. Coane
The new DACA "dream act" rules only apply to people who are in the USA.
Answered on Sep 09th, 2012 at 10:39 AM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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Please be advised that the June 15, 2012 policy issued by DHS providing for deferred action for childhood arrivals (DACA) is different from DREAM Act, which is a proposed law that has not been passed yet. DACA requires continuous residence from June 15, 2007 and actual physical presence as of June 15, 2012 and as of the filing of the DACA request. If you are not currently residing in the United States and have been out of the country since 2009, you are not eligible to apply for DACA.
Answered on Sep 07th, 2012 at 4:24 PM