inukim09 0 Posted August 25, 2012 hello all, first time posting here on this forum so people be patient with me. I was wondering if i was still eligible for the dream act. Heres my story...I came to the states in 1996 with my family with a B2. i was 7 at the time. a year into my b2, we changed our visa status to E2. After 1998, i was officially overstaying my welcome in the US (i had no idea). I went to elementary school, middle school and graduated High school and even graduated college. After i graduated college, i decided i should go back to korea and visit my family and try and become a legal citizen...little did i know this is almost impossible. i was naive. In june, i flew to Korea and stayed there for about 3 weeks and came back to the states on a Visa Waiver Program on July. During my stay in Korea, the Dream act was announced...just my luck right? So my question is, am i still eligible to apply for the dream act knowing my circumstances? I left the US and came back with a visa waiver... any input would be greatly appreciated.! Share this post Link to post Share on other sites
Rawf 336 Posted August 25, 2012 It really depends how long you were out of the US. Were you out of the US on June 15th? If you were, then you are not eligible. Share this post Link to post Share on other sites
inukim09 0 Posted August 25, 2012 It really depends how long you were out of the US. Were you out of the US on June 15th? If you were, then you are not eligible. if you read http://www.uscis.gov...ources/daca.pdf , it states that "a brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were absent form the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012. I was away for about 3 weeks and returned july 4th. My concern is that currently, I'm technically not "illegal" since im here on a VWP. but then im wondering, how would anyone leave the US for a brief casual innocent absence? Share this post Link to post Share on other sites
JoseG 383 Posted August 26, 2012 One of the rules also states "Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012. So you said you weren't here on June 15, 2012 which is another one of the requirements, and you are also here lawfully which does not meet the requirement I stated that you must have unlawful status as of June 15, 2012. Your best bet would be to contact an immigration attorney in your area and see if he can give you free consultation over the phone. Share this post Link to post Share on other sites
