News
The American Dream Act
Nick Clark reports on new legislation that could let children of E-2 visa holders stay in the US
The Development, Relief and Education for Alien Minors (DREAM) Act aims to address the situation faced by young people who were brought to the US years ago as undocumented immigrant children, but who have since grown up in the States, stayed in school and have become model citizens.
The Act is primarily directed at the estimated 65,000 US-raised students whose parents brought them into the country illegally or stayed with them in the US after the expiration of their visas.
However, the DREAM Act has the potential to solve the problem facing many children of British emigrants on temporary visas: namely the fact that they have no right to remain in country once they reach 21 years of age.
To qualify for immigration relief under the proposed DREAM Act, a student would have to have been brought to the States more than five years before the introduction of the Act, be under the age of 16 at the time of their initial entry, and be 'of good moral character.'
If a student could show they have been admitted to an institution of higher education in the US or have earned a high school diploma or a general educational development certificate, they would be granted Conditional Permanent Residency which would authorise up to six years of legal residence.
During this six-year period a student would be required to graduate from a two-year college, complete at least two years towards a four-year degree, or serve in the US military for at least two years.
The student would be then able to apply for Legal Permanent Residency (LPR) to remain in the US indefinitely. Permanent residence would be granted at the end of the six-year period if the student has met the above requirements.
Whether the Act succeeds remains to be seen. If it does succeed, thousand of Britons, whilst not intended to be the main beneficiaries, will nevertheless be happy to reap the benefits as their children will be a step closer to permanent residence.
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09 May 2007