What will happen to my status if the Dream Act becomes law?

An immigration judge ordered me and my father to leave the United States when I was in middle school. He decided to go along the voluntary departure route but ended up staying within the US and never acting on his agreement to leave. I never made the decision to stay illegally myself. In fact, I had no say throughout the entire process. I, like my parents, worked extremely hard in our new home country and now have a full scholarship at a very prestigious east coast university. Will my voluntary departure status affect my chances of becoming a citizen if the Dream Act eventually passes?

Share |

Answered By: Law Offices of James C. Bechler, A.P.C.

The DREAM Act is a bipartisan legislation, pioneered by Senator Orin Hatch and Senator Richard Durbin, that can solve this hemorrhaging injustice in our society. Under the rigorous provisions of the DREAM Act, qualifying undocumented youth would be eligible for a 6 year long conditional path to citizenship that requires completion of a college degree or two years of military service. Voluntary Departure would certainly affect this in a negative way, but who knows? There could be a new waiver that could circumvent the ill effects of Voluntary Departure.

Answer Applies to: California
Replied: 8/25/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Pacifica Legal Services

The DREAM Act will be applicable to you if your order to leave the USA was made prior to your 18th birthday. There are other requirements for the DREAM Act to be applicable to you, but that is the one that applies to your order of removal. Second, I heard you say that your parents worked hard for you, but that the removal order was issued to only you and your father. Is your mother with legal status here? Do you have any other immediate family with legal status and over the age of 21, or even if not? There are options for you, and I would be pleased to be of help. Please feel free to contact me. I wish you the best, and I hope I can serve you.

Answer Applies to: California
Replied: 8/24/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jack C. Sung

The Dream Act is a bill that has not yet passed into law. Therefore, we do not know what kind of applicants will be excepted when the bill does become law. If I were to guess, the Dream Act would excuse prior deportation order (which you have when you failed to depart the US with voluntary departure granted by the judge) as that would benefit more kids than if it does not cover prior deportation orders. However, what the actual law will say is anyones guess.

Answer Applies to: California
Replied: 8/23/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.