More details to this question:
(1) My child came in the US at 13 years old last Oct 2005; (2) has been living in the US for more than 7 consecutive years now; (3) had finished 7th up to 12th grade here in the US, has graduated high school in 2011; has been accepted in a community college here in the US and is now enrolled in 2nd year; (4) is now 20 years old; (5) has a good moral character and an oustanding student (top 5% of senior High School class, 2 year Dean's Lister); no traffic violations, Phi Theta Kappa member. My child is currently on H-4 visa, but will age-out upon turning 21 years old in Sep 2013, thus will be out-of-status by then. I believe that my child has met all the requirements for qualification for the Dream Act. I also believe if the Dream Act Law can help undocumented youths become legal immigrants in the US, then it is possible that the Law can also help my child and other children who will very soon become out-of-status to get legal status also and live in the US w/o threat of deportation.
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Your child had to have been out of status on the effective date of the rule--June 15, 2012. Falling out of status after that date won't help. Just to clarify, the program is called Deferred Action for Childhood Arrivals. It is not the Dream Act (which never passed Congress). Just so you know, your child can avoid deportation by leaving the country once his status expires. Your child would be able to return immediately in any status for which your child is currently eligible. Your child does not need the benefit of deferred action, which helps most those who would be barred from returning if they ever left the US.
Answered on Feb 25th, 2013 at 6:24 PM