Immigration

Immigration

QWhat is the DREAM Act?

A: The DREAM Act stands for the Development, Relief, and Education for Minors Act. The goal of the act was to provide a way for undocumented children immigrants to gain permanent status. While the first version of the Act was introduced in 2001 and several versions have followed, the DREAM Act has never been passed by the U.S. Congress. 

 

Q: Who are the Dreamers?

A: "DREAMers" is used to describe the undocumented immigrants who were brought to the U.S. as children and lived, went to school, and grew up in America. They also identify themselves as Americans who want to achieve the "American Dream."

  

Q: What is DACA?

A: DACA, Deferred Action for Childhood Arrivals, is the legislation that evolved from the DREAM Act. "On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal.  They are also eligible for work authorization," (uscis.gov).  However, this does not provide lawful status as a U.S. Citizen in this country.

 

Q: What are the guidelines to be considered for DACA?

A: You may request DACA if you:

  1. were under the age of 31 as of June 15, 2012;
  2. came to the United States before reaching your 16th birthday;
  3. have continuously resided in the United States since June 15, 2007, up to the time of filing your request for DACA;
  4. were physically present in the United States on June 15, 2012, and at the time of filing your request for DACA;
  5. Had no lawful status on June 15, 2012, and at the time of filing your request for DACA;
  6. are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety," (uscis.gov).

 

Q: What does USCIS stand for?

A: U.S. Citizenship and Immigration Services

 

QIs USCIS currently accepting new DACA applications?

A: USCIS will accept new DACA requests, but in accordance with a 2023 District Court order, they will not process these requests. (uscis.gov/DACA)

 

Q: Is DACA currently accepting renewal applications?

A: Yes. USCIS encourages renewal requests to be submitted between 120-150 days before the expiration
date on your Form I-797. Visit uscis.gov/i-821d to find forms and filing requirements.

 

Q: What forms must be filed for people eligible for DACA?

A: USCIS requires the following forms:

  • Form I-821D
  • Form I-765
  • Form I-765 Worksheet

Forms are located at uscis.gov/i-821d.

 

QWhat is a Green Card?

A: A Green Card, also known as a Permanent Resident Card, allows immigrants to live and work permanently in the United States. 

 

QHow can I find out if I am eligible for a Green card?

ATo see if you are eligible for a Green Card, visit http://www.uscis.gov/green-card/green-card-eligibility-categories.

 

QHow do I apply for a Green Card?

AIt depends on your eligibility category. Most people who apply will need to complete at least two forms: an immigrant petition (Form I-130 or I-140) and a Green Card application (Form I-485). Usually, someone else (often referred to as a sponsor) must file the petition for you, although you may be eligible to file for yourself in some cases. Visit https://www.uscis.gov/green-card/how-to-apply-for-a-green-card for more information.

 

Laws may have changed since the last time this article was updated.  The current and most up-to-date laws can be accessed here.