Republicans Offer a More Limited Alternative to DREAM Act

Republican Senators Kyl (R-AZ), Hutchison (R-TX), and McCain (R-AZ) introduced the ACHIEVE Act in Congress on November 27, 2012. The ACHIEVE Act will allow individuals who meet certain criteria to obtain a series of conditional nonimmigrant visas designated as W-1, W-2, W-3.  This act is directed toward "DREAMers", who are young people born outside of the United States but brought here as children.

This Republican-backed legislation has several key differences from the DREAM Act:

• The ACHIEVE Act does not provide a green card to the beneficiaries.  Instead, the act offers a form of “permanent nonimmigrant status.”
• The ACHIEVE Act restricts eligibility to a more narrow class of individuals than DREAM, requiring entry before age 14 (rather than 16 in the DREAM Act), and before age 29 (rather than 36 or 33 in the DREAM Act).

Some of the eligibility requirements for the initial W-1 visa:

• Initially entered the United States under the age of 14
• Under the age of 29 years on the date of enactment (32 years for those who earned a bachelor’s degree/associate’s degree prior to enactment of the Act)
• Continuous physical residence in the United States during the 5-year period preceding enactment
• Good moral character since the date of initial entry
• Has not been convicted of a felony, crime of moral turpitude, or a misdemeanor under Federal or State law punishable by imprisonment of more than 30 days. (Exception exists for traffic violation that does not include alcohol or controlled substances)
• Does not have a final order of removal (with some exceptions)
• Earned a high school diploma from a high school in the U.S. or a GED; AND
• Is enlisted/intending to enlist in the military;
• Is admitted as a student to an institute of higher education;
• Has earned a bachelor’s degree or an associate’s degree; or
• Has served for a period of at least 4 years in one of the branches of the Armed Forces and was not dishonorably discharged

First Focus has created a chart with a Comparison of ACHIEVE Act and DREAM Act.  While the ACHIEVE Act is more limited and restrictive than the DREAM Act, it still represents a positive step toward legal status for tens of thousands of young people in America.

USCIS Releases Updated Statistics on DACA Requests

On October 12, 2012, the US Citizenship and Immigration Services announced updated statistics on the number of requests for Deferred Action for Childhood Arrivals ("DACA") cases received between August 15, 2012 and October 10, 2012.  The USCIS received 179,794 applications during that two month period. Of these, 158,408 have been scheduled for a "biometric" or fingerprint appointment.  So far, the USCIS has approved only 4,591 cases.  For more information about filing for Deferred Action, email info@karolbrown.com.

USCIS Releases Statistics on DACA Program

The United States Citizenship and Immigration Services (USCIS) recently released information about applications for the Deferred Action for Childhood Arrivals (DACA) program.  Between August 15, 2012 and September 13, 2012, the USCIS has received 82,361 requests.  These statistics show that 29 requests have been completed.  More information is available at the USCIS DACA website.

Many more people are eligible for relief from deportation and legal work authorization.  You may request consideration of deferred action for childhood arrivals if you: 

• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching your 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time; 
• Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
• Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If you may be eligible, or have questions about this program, please contact us at info@karolbrown.com.