Last Updated: March 12, 2013 at 7:08 am
DREAM Act is nothing but the Development, Relief, and Education for Alien Minors Act and this act if signed into law would help the undocumented immigrants to become lawful residents and finally citizens of the United States. In order to qualify, undocumented immigrants will have to prove that they were not above age 16 when they entered into America. Similarly, they must prove that they have been living in the country for a five year period immediately preceding the date of implementation of the DREAM Act. Apart from these requirements, they must be in high school or must hold GED diplomas and the most important requirement is good moral character.
If the undocumented immigrants meet these prerequisites, they would be permitted to file their DREAM Act applications and they would also be required to pay the form filing fee. If their petitions are approved, they would initially be granted conditional status for a six year period and followed by that, they would be granted lawful status, if they are eligible. However, their cases would be reviewed by immigration officers before they are granted lawful status, at the end of the six year period. While applying for lawful status after residing in the country as conditional residents for six years, they must again prove that they had attended college or they had served the US armed forces. If they establish that they meet the requirements, they would then be issued Green Cards and granted lawful permanent resident status.
The eligibility requirements for lawful status under the DREAM Act and to receive deferred action status, are quite similar. Undocumented immigrants in the United States are now applying for a deportation reprieve, under the deferred action program that was enforced by President Obama, last year. Undocumented immigrants will have to meet the above mentioned DREAM Act requirements in order to become eligible for deferred action status and they will have to provide the required documentation and establish their eligibility. They need to file three different USCIS forms to apply for deferred action status and for employment authorization documents. These are the three forms that must be filed by the undocumented immigrants who seek to receive deferred action status, Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization and Form I-765WS, Worksheet.
Even if they do not wish to accept employment in America, undocumented immigrants who are applying for deferred action status must file Form I-765 along with Form I-821D. DREAM Act has not yet been passed by the Congress, but the DREAMers can make use of the deferred action program that will help them to remain legally in America for a two year period. At the same time, they need to remember that the deferred action program will never allow them to become Green Cards holders or US citizens and it will only provide a two year reprieve. However, during that two year period they can work in the country and at the end of the two year period they can apply for renewal and stay in America for two more years.