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am I eligible for California or US DREAM act if I'm an F-1 student?

I came to the US with an F-1 Visa before my 16th birthday. I have a high school diploma, current enrolled in college, and have no criminal record. I went back to my home country about 5 times and I'm on my 6th year in the US now. Please give me advices! (with trusted sources). Thank you very much.

5 Answers

  • 7 years ago
    Favorite Answer

    You are an international student, a US visa holder, not unlawfully present, so you are not eligible for anything related to people who have been unlawfully present in the United States.

    Source(s): An immigrant from Europe, I live in the charming old mission town San Buenaventura and work as an attorney in Santa Barbara, California.
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  • John S
    Lv 7
    7 years ago

    The California Dream Act has nothing to do with immigration status. It says that anyone, citizen, resident alien, undocumented alien, etc., who attended a California high school for three or more years, and graduated from a California high school, can pay resident tuition at a California state college and can apply for student aid (though that is available only if funds are available after all other qualified applicants receive funding). If you qualify under these standards, you are eligible.

    There is no U.S. Dream Act. Deferred action is a means for some young people to avoid the consequences of being in the U.S. illegally. Since you are not in the U.S. illegally, you do not face those consequences, so being relieved of them would make no sense.


    Source(s): 35+ years as a criminal defense attorney
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  • 7 years ago

    There is no U.S. "DREAM" Act or program currently in effect, but many people refer to "Deferred Action for Childhood Arrivals" ("DACA") as DREAM because the program has similar objectives. The eligibility criteria for DACA are:

    1. Under age 31 on 6/15/12,

    2. Came to U.S. before 16th birthday,

    3. Continuously resided in the U.S. from 6/15/07 to the date of the petition,

    4. Physically present in the U.S. on 6/15/12 and at the time the petition is filed,

    5. Entered without inspection (EWI, undocumented) before 6/15/12 -OR- entered on a visa that expired on or before 6/15/12,

    6. Are in school, or are in a GED program, or have graduated/obtained a GED, or were honorably discharged from the U.S. military, and

    7. No conviction for a felony, a "significant misdemeanor," or 3 or more misdemeanors, and do not pose a threat to public safety or national security.

    You also must be at least 15 years old to apply, and it sounds like you are. Your biggest issue may be your 5 trips out of the U.S. Also, you didn't say whether your F-1 status is still valid and/or when it expired - that will matter.

    You should discuss this with an immigration attorney to determine whether your absences from the U.S. were "brief, casual and innocent," the legal criteria for absences. An immigration attorney will be able to examine the details in your specific case to determine if there are other potentially terrible issues. The risk in filing without fully knowing an issue may exist is that you potentially could find yourself in removal (deportation) proceedings.

    You should also talk to an immigration attorney because DACA is only a "deferred action" program; you receive no immigration status this way. An immigration attorney will be able to assess your individual facts and determine whether you might be eligible for a better program.

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  • 7 years ago

    No chance! So far they are talking about illegal aliens who were smuggled in as children. Nobody in the US on a current visa would qualify, and nobody who overstayed a visa would qualify. As proposed so far. No law passed, not even a final bill. It has to go to committees & much rigmarole, and may well be voted down once again. The only thing you can be sure of is that you will NOT qualify for amnesty!

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  • Anonymous
    7 years ago

    6 years as a student ... you must have a PhD by Now ..

    time to go home and get a real life with a job

    immigration reform will not change your course

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