DREAM Act FAQ

The DREAM Act (S.729 & H.R.1751) has four basic requirements for adjustment of status which are -

• You entered the country before the age of 16;
• You graduate high school or obtain a GED;
• You have good moral character (no criminal record); and
• You have at least five years of continuous presence in the US prior to the passage of the bill.
• Age limits: S.729 has stipulated that undocumented youth up to the age of 35 can petition for the DREAM Act.

If you meet the above criteria, once the DREAM Act passes, you will then have six years within which to obtain a two-year college degree or complete two-years of military service. You can start petitioning for removal of the conditional status from your lawful residency 180 days before the sixth year, and can proceed to apply for naturalization. The years spent in conditional permanent residency also apply towards naturalization.

Higher Education Assistance

• The DREAM Act of 2009 (S. 729) repeals Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) and allows states to give tuition benefits to undocumented students.

Facts about Conditional Residency

Conditional residency is still lawful green card legal residency, only it is re-evaluated after 6 years and contingent on the requirements described above.

Students will be able to drive, work, get federal work study, partake in most activities as legal residents except travel abroad for lengthy periods (an aggregate of 365 days within 6 years) and Pell Grants eligibility.

*The DREAM Act is likely to be considered alongside a comprehensive immigration bill.
** Please note, the DREAM Act does not cancel a final order of removal or deportation.
***Also, stipulations may change as amendments are added and removed.