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Undocumented Student Dreams of Higher Education, But Doesn’t Know If It’s Possible

Posted July 20, 2010 by David Sperling, Esq.

In “The Answer Man” series, David Sperling, Esq., fields reader questions about immigration law.

Question

I am a 17-year-old high school student in Bay Shore. My parents brought me here from Colombia when I was 8 years old. I want to go to college, but I have no papers. I can’t even get a driver’s license. I’ve heard about the DREAM Act. Will that help?

Answer

Yes, if the bill ever becomes a law. The DREAM Act was first introduced in 2003, but has always been considered a part of a comprehensive immigration reform package. Now, with the increasingly bleak prospect of wholesale reform being passed anytime in the near future, many advocates are focusing on the DREAM Act as an immediate down payment on the Obama administration’s promise of immigration reform.

The measure, which has gained some bipartisan support, would allow immigrants who entered the United States before age 15 the opportunity to gain legal status after completing two years of college or service in the armed forces. The idea is that young people should not be punished because their parents entered or remained in the United States without authorization. The DREAM Act would benefit hundreds of thousands of young people, including yourself.

What to do now? Even without a Social Security number, you can attend college and graduate school. You will not be eligible for government grants or loans, although you may be eligible for in-state tuition for CUNY and SUNY colleges, which is significantly more affordable than out-of-state tuition. The problem is that upon graduation you cannot practice any profession without having legal status.

You did not indicate whether you entered the United States legally with a visa or illegally without inspection. There is a big difference. If you entered legally and can prove it with an old passport or by filing an I-102 application to U.S. Citizenship and Immigration Services’ center in Vermont, you will always have the opportunity to get your green card through a bona fide marriage to a US citizen (I only provide the legal strategy; the rest is up to you).

If you entered with your parents illegally, there is also an option that could work, but if it fails, you may be stuck outside of the US.

You could return to Colombia before you turn 18 years and six months old, and apply for a student visa at the US Embassy in Bogota. If approved, you will get a a visa for the duration of your studies, and limited work authorization, after which a US company can sponsor you for an H-1B professional visa good for an additional six years. While in H-1B status, your company could sponsor you for an employment-based green card. And during all that time, you could always meet the US citizen woman of your dreams.

Why 18 years and six months? One of the more draconian elements of immigration law is the 10-year bar for immigrants who reside unlawfully in the United States for a year or longer and then voluntarily leave. After leaving the United States, they cannot re-enter legally for 10 years without a special waiver that would be virtually impossible for anyone without a US citizen spouse. Fortunately, unlawful presence does not accrue until you turn 18 years old. So if you leave before six months after your 18th birthday, you would avoid a similar 3-year bar.

If you consider this option, do your homework and visit the college. Speak to the administration officials in charge of foreign students to give you a better idea of embassy approval rates. Because if your visa is denied, you are stuck in Colombia.

If neither of these options are feasible, I would strongly urge you to consider attending college even without papers. It will be another seven or eight years before you get your master’s degree. During that time, there is an excellent chance that the DREAM Act and comprehensive immigration reform will pass. Don’t wait around and put your life on hold. Follow your dreams and you won’t be sorry.

DISCLAIMER

In this column, Long Island Wins provides information about immigration law designed to help users understand and navigate the immigration system. The information contained on Long Island Wins is provided to you “as is,” and does not constitute legal advice. We are not acting as your attorney. Furthermore, statements in this column are not to be construed as legal advice creating an attorney-client relationship. Anyone with an immigration issue is strongly advised to consult with an experienced attorney or reputable non-profit legal-services organization.

Image courtesy of Schlüsselbein2007 via Flickr.

Tags : answer man, colombia, dream act, undocumented students