QUESTION

Do I qualify for the Dream Act?

Asked on May 13th, 2015 on Immigration - New Jersey
More details to this question:
I first came to the US with a tourist visa on April 2002 when I was 13 and reside until June 27 2002. During that time I went to middle school but then left to my country and returned on May 2005 when I was 16 and stayed in the country ever since. I got my GED went to college payed all my taxes and I don't have any criminal record. Do I qualify?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Unfortunately under the Dream Act, you must have entered the US by June 15, 2007, in order to qualify. In the expanded version of DACA which is being held up in the Fifth Circuit Court of Appeals, you must have entered the US prior to the age of 16 and have resided continuously in the country since January 1, 2010. Even with that scenario, it is questionable whether you would qualify as you left the US for almost 3 years. U.S.C.I.S. might not credit you with the initial date of entry when you were 13 and only with your later entry at the age of 16. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 11th, 2015 at 12:57 PM

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