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A Discussion of the Dream Act, Becoming Legal and more…

I was looking into the Dream Act, after having a discussion with someone about it, I decided I needed to know more. At first glance, it appears to be a solid attempt to chip away at the mountain of issues regarding the approach to take with those Illegal Immigrants “trapped” when we secure the border, but it assumes the American people are willing to go along with the added expense required to uphold and finance the Act.

There is a definite human element attached as we saw unfold on the Waco Trib and Newstalk 1230. It sparked a great debate, and pulls at our heart-strings.

Children, have no control of how and when they came to America. It is tough, but in the end, don’t we have to go back to basics? Shouldn’t we be upset when the government wants to raise our taxes or shift our taxes so they can provide funding to students who are not American citizens?

Before we can allow our emotions to sway our principles, don’t we need to acknowledge the US Constitution and uphold the laws on the books?

We may need to re-vamp those laws, and that is a discussion we should be deep into, but if we uphold conservatism, are we Racist? Does it mean we Republicans / Conservatives are evil…with no compassion?

What do you think?

After doing some minor research, I came across this :

The DREAM Act is a bipartisan legislation ‒ pioneered by Sen. Orin Hatch
[R-UT] and Sen. Richard Durbin [D-IL] ‒ 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.

“Conditional path to citizenship” was linked to a Q&A page.

On the Q&A Page, it stated that to qualify for the Dream Act, one
must meet certain guidelines of the LIFE Act. Below is a brief on the
LIFE Act with links to the entire PDF. Would love your feedback on
this…

Section 245(i) Provision of the LIFE Act
Q1. What is the Section 245(i) provision of the Legal Immigration Family Equity Act (LIFE Act)?

A1. Section 245(i) allows certain persons, who have an immigrant visa
immediately available but entered without inspection or otherwise
violated their status and thus are ineligible to apply for adjustment of
status in the United States, to apply if they pay a $1,000 penalty. The
LIFE Act temporarily extends the ability to preserve eligibility for
this provision of law until April 30, 2001. Use of Section 245(i)
adjustment of status previously was limited to eligible individuals who
were the beneficiary of a visa petition or labor certification
application filed on or before January 14, 1998.

Q2. Who are the “certain persons” covered under Section 245(i) adjustment of status?

A2. Those covered by the provision are listed at Section 245(a) and (c)
of the Immigration and Nationality Act and include individuals who:
– Entered the United States illegally;
– Worked in the United States illegally,
– Failed to maintain continuously lawful status,
– Entered under the Visa Waiver Pilot Program,
– Entered as foreign crewmen, and
– Entered as foreign travelers in transit without a visa.

Q3. Am I eligible for Section 245(i) adjustment of status under the LIFE Act?

A3. To be eligible, you must:

– Be the beneficiary of a Form I-130 immigrant visa petition (“Petition
for Alien Relative”), or Form I-140 immigrant visa petition (“Immigrant
Petition for Alien Worker”), or Form I-360 [“Petition for an Amerasian
Widow(er), or Special Immigrant], or Form I-526 (“Petition for an Alien
Entrepreneur”) filed with the INS on or before April 30, 2001, (either
received by INS or, if mailed, postmarked on or before April 30, 2001)
or

– Be the beneficiary of an application for labor certification filed
with the Department of Labor (DOL) according to DOL rules on or before
April 30, 2001, and
– Also have been physically present in the United States on December 21,
2000, if the qualifying visa petition or labor certification
application was filed after January 14, 1998.
All petitions and applications must be properly filed and approvable when filed.
NOTE: There are some groups that may not be affected by any deadlines
related to Section 245(i). The spouse or unmarried minor child of a U.S.
citizen or the parent of a U.S. citizen child at least 21 years of age
if he/she was inspected and lawfully admitted to the United States, but
subsequently overstayed his/her authorized admission or worked without
permission, does not need to apply for adjustment of status under
Section 245(i). Also, certain persons who are eligible for certain
employment-based immigrant visas and who were inspected and lawfully
admitted to the United States, but have not violated their status or
worked without permission for more than 180 days, do not have to apply
for adjustment of status under Section 245(i).

Q4. What is the deadline for filing in order to preserve eligibility for adjustment of status using Section 245(i)?

A4. You have a very short window of opportunity, which ends April 30,
2001, to preserve your eligibility to file for adjustment of status
under Section 245(i). You are not required to file for adjustment of
status (Form I-485) on or before April 30, 2001. However, to preserve
your eligibility to apply for adjustment using Section 245(i) you must:
– Be the beneficiary of a Form I-130 immigrant visa petition (“Petition
for Alien Relative”) or Form I-140 immigrant visa petition (“Immigrant
Petition for Alien Worker”) filed with the INS on or before April 30,
2001, or

– Be the beneficiary of an application for labor certification filed with the DOL on or before April 30, 2001.
All petitions and applications must be properly filed and approvable when filed.

Read Entire PDF File

Comments (2)

  1. Jason Candelario

    “…but if we uphold conservatism, are we Racist? Does it mean we Republicans / Conservatives are evil…with no compassion?”

    Due to your surname… you wouldn’t be considered evil or racist… just a “sell out.”

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