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Question: My family brought me to the U.S. when I was 9. I have
been herefor more than five years and I have completed high school.
When I was 16, Itook an article of clothing from a store worth
about 75 dollars and I wasarrested for petty larceny. The law
considered me a juvenile delinquent. CanI still apply?
Answer: The Presidential Order refers to a felony or several
minor crimes. Thecrime was petty and you were only 16 and
consequently it was not considereda crime. You are eligible.
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DREAM ACT BY ORDER OF PRESIDENT
The deferred departure Order of President Obama for immigrants
between the ages of15 to 30 years who entered the U.S. before 16
years of age and who have been here
continually for more than five years prior to June 15, 2012, and
who have notcommitted a felony or multiple petty crimes and who are
in high school or have a highschool diploma or a GED equivalence or
are in the military armed forces of the U.S.,may receive a grant
from the Immigration Service that they may stay here in
lawfulstatus for the next two years with permission to work.
Thereafter extensions of thisdeferred status may be granted. Some
of the questions asked and our answers followbelow:
Question: Im not in high school now and I havent completed my
studies to get adiploma. May I be able to qualify for this
status?
Answer:The President didnt discuss this issue in his Order of
June 15, 2012. Irecommend that you enroll in high school to
complete your courses, or apply tocomplete the equivalence by
correspondence courses so you can obtain your GED.Based on my
experience, I believe the Immigration Service will accept
yourapplication with proof you are completing high school.
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Question: My parents brought me across the border without a visa
tenyears ago and I havent left the U.S. since apart from a brief
departure ofone month to visit my sick grandmother two years ago. I
returned viathe border without a visa. I completed high school. Can
I apply?
Answer: The President didnt define what continual residency for
5years meant exactly. The law according to a Federal Court
decisionnamed Flenti held that a short, casual and innocent trip
outside the U.S.such as one month would not break the necessary
residence period.
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Question: I brought my son of two years of age with a tourist
visa to the U.S. 20 years
ago. He was born in Mexico. He is 22 now and hes never left the
U.S. since. He didntfinish high school because he is incapacitated
as a result of a cerebral hemorrhage. Iam at a point of receiving
my permanent residence, but I wish my son would be able toreceive
the benefits of this deferred action. Do you believe my son could
withoutcompleting high school receive the deferred departure due to
his cerebral incapacity?
Answer: The answer to this question has not yet been defined,
but based on theprecedents of our legal system and the special
medical circumstances of your son, Ibelieve with the proofs from
the hospital and doctors, he would be able to benefit fromthis
Executive Order.
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Question: I entered the U.S. without a visa. I qualify for the
Dream Act. Should I applynow? If the Republican candidate for
President wins and reverses the Act, will it
jeopardize me?
Answer: I doubt even if Romney wins the Presidency that he could
reverse the DreamAct; I think you should apply.
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Question: Does the Dream Act promise more than two years
deferred action? What willhappen after the two years?
Answer: We cant predict certainly what will happen after the two
years of deferredaction. Probably at the least, the Immigration
Service will grant two additional yearswith permission to work. If
the Democratic Party gains in electoral victory in November,2012,
it is not unlikely that Congress will pass legislation providing a
path to theseDreamers to obtain permanent residence. If the
Republicans win control of Congress, Idont believe they will
reverse the deferred action because the Republicans would
certainly lose any creditably with the Latinos that is now the
largest population majoritygroup in the country.
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Question: I fit into all the requirements of this Dream Act
except I did not complete highschool in my country and not here
either. I have three children I care for and I wouldnt
have the time to go to school.
Answer: Unless you committed a serious crime or multiple minor
ones, I doubt theImmigration would arrest you. At this time, the
Immigration Service has indicated it isnot arresting immigrants who
have immediate relatives here.
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Question: Is there any risk to me in applying. I have been here
more than 10 years andI have a U.S. citizen child. Up to now, I
have not been in any jeopardy and I fear that if
my application is not successful, I could be deported.
Answer: Unless you committed a serious crime or multiple minor
ones, I doubt theImmigration would arrest you. At this time, the
Immigration Service has indicated it isnot arresting immigrants who
have immediate relatives here.
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Question: I believe I am qualified for the deferred action
because Iarrived here at age 14, I have completed high school, I am
in my 20's, and
I can prove I have been here for more than five continuous
years. I havenever been charged with a crime. I worry, however, if
this applicationwill lead to Immigrations apprehension of my
siblings or parents who areall undocumented?
Answer: Based on my experience I do not believe the
ImmigrationService would try to get information from you in order
to apprehend your
close family members. This is a beneficial program not an
investigativeone. There is no program yet in place, but I dont
believe there will beone to use this program to catch undocumented
aliens.
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