I have a friend who entered the U.S Before 2007 with her son. He is now in elementary school. Will he be able to benefit from the Dream Act he is still in elementary school hi is actually in 1st grade. Please advise.
Country relating to Question: United States
State (if USA): Oregon
I have tried reading on line for the answer at the USCIS but I have not been able to find anything please advise
Hi, my name is Kim & I will be happy to answer your question today. My answers are information only and do not form an attorney/client relationship.
If the child is under 15 years old and has never been placed in removal proceedings (or has had a removal proceeding terminated) then he is not eligible to apply for the Deferred Action for Childhood Arrivals.
If he IS is removal proceedings (but not being detained) then he is eligibile to file for deferred action for childhood arrivals.
Here is a link with more informtion about the new Deferred Action for Childhood Arrivals guidelines.
Please bear in mind that since this child is so young, he is not yet accruing unlawful presence in the US. He will not begin to accrue unlawful presence until he is 18.
I hope this helps!
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Admitted in MI
Dear Nibaldo,I am happy to have helped you with your immigration law question about the new deferred action fro childhood arrivals. If you have any more questions, please feel free to contact me.I wish you the very best of luck in the future.Best regards,Kim
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