Dream Act?
 

I'm currently planning on filing F-1. I cam to U.S. when I was 15,
have stayed here for 5 years (legally), graduated from high school, and
currently enrolled in the university. I have O-3, but planning on
filing F-1 because my dad's O-1 might not get extended this time. In
case Dream Act got passed and I was on F-1 or O-3 like I am now, would
I still qualify?

Re: Dream Act?
 

According to Wikipedia ( http://en.wikipedia.org/wiki/DREAM_Act ),
being out of status doesn't seem to be a requirement to qualify under
the DREAM Act.

That being said, I unfortunatelly cannot tell you the exact content of
a law that is still to be passed.

Is there any qualified fortune teller around here?


kosmonaft wrote:
    > I'm currently planning on filing F-1. I cam to U.S. when I was 15,
    > have stayed here for 5 years (legally), graduated from high school, and
    > currently enrolled in the university. I have O-3, but planning on
    > filing F-1 because my dad's O-1 might not get extended this time. In
    > case Dream Act got passed and I was on F-1 or O-3 like I am now, would
    > I still qualify?

Re: Dream Act?
 

Well it's true. The eligibility requirements don't mention the current
status. However, seems like the initial intent of the act is to help
legalize undocumented aliens. Tough call, isn't it?

[email protected] wrote:
    > According to Wikipedia ( http://en.wikipedia.org/wiki/DREAM_Act ),
    > being out of status doesn't seem to be a requirement to qualify under
    > the DREAM Act.
    > That being said, I unfortunately cannot tell you the exact content of
    > a law that is still to be passed.
    > Is there any qualified fortune teller around here?
    > kosmonaft wrote:
    > > I'm currently planning on filing F-1. I cam to U.S. when I was 15,
    > > have stayed here for 5 years (legally), graduated from high school, and
    > > currently enrolled in the university. I have O-3, but planning on
    > > filing F-1 because my dad's O-1 might not get extended this time. In
    > > case Dream Act got passed and I was on F-1 or O-3 like I am now, would
    > > I still qualify?

Re: Dream Act?
 

You can always switch to F-1, and once the structure of the law will be
pretty clear, but soon before the law is passed, if the fact of being
out of status is indeed a requirement, you can always violate the terms
of your F-1 status (e.g. work off campus without authorization).
You would then be out of status when the bill becomes law and would
still be eligible ... without having spent unnecessary time out of
status.

... That is of course, unless they specify a minimum amount of time
during which one was out of status in order to qualify for the Drean
Act.

Is there any qualified fortune teller around here?


kosmonaft wrote:
    > Well it's true. The eligibility requirements don't mention the current
    > status. However, seems like the initial intent of the act is to help
    > legalize undocumented aliens. Tough call, isn't it?
    > [email protected] wrote:
    > > According to Wikipedia ( http://en.wikipedia.org/wiki/DREAM_Act ),
    > > being out of status doesn't seem to be a requirement to qualify under
    > > the DREAM Act.
    > >
    > > That being said, I unfortunately cannot tell you the exact content of
    > > a law that is still to be passed.
    > >
    > > Is there any qualified fortune teller around here?
    > >
    > >
    > > kosmonaft wrote:
    > > > I'm currently planning on filing F-1. I cam to U.S. when I was 15,
    > > > have stayed here for 5 years (legally), graduated from high school, and
    > > > currently enrolled in the university. I have O-3, but planning on
    > > > filing F-1 because my dad's O-1 might not get extended this time. In
    > > > case Dream Act got passed and I was on F-1 or O-3 like I am now, would
    > > > I still qualify?

Re: Dream Act?
 

kosmonaft wrote on 12/01/06 14:37:

    > I'm currently planning on filing F-1. I cam to U.S. when I was 15,
    > have stayed here for 5 years (legally), graduated from high school, and
    > currently enrolled in the university. I have O-3, but planning on
    > filing F-1 because my dad's O-1 might not get extended this time. In
    > case Dream Act got passed and I was on F-1 or O-3 like I am now, would
    > I still qualify?
    >


The "Dream Act" is history. It is very unlikely that the current lame-duck
Congress would pass it.
And once the new Congress convenes on Jan. 20, all bills that are not law by
then are gone forever.
There would have to be a new bill introduced.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.