An Alert For Our Community To A New Development In Immigration Law: Popescu, Iosepovici & Associates Announce That The “Dream Act” Of 2003 Is A Step Closer To Becoming Law
As the returning readers of this column know from our previous articles, we have been reporting for months that the post 9/11 anti-immigrant climate in Washington is slowly but surely changing – and changing for the better. This is not due to any feelings of kindness towards immigrants, but rather to a dawning realization that the millions of undocumented aliens in the United States are more of a national security threat if they continue to be off the government's "radar screen" than if they are given a chance to become productive (and known) members of our society. We have been reporting various proposed laws that would, each in its own way, help immigrants, and have each time stressed that the law is simply a proposal at this time, but that even these modest beginnings give us reason to hope.
One such proposal is now a step closer to becoming law.
On October 23, 2003, the Senate Judiciary Committee, by an overwhelming 16-3 vote, passed the bipartisan (i.e. sponsored by both Republican and Democratic members of Congress) Development, Relief, and Education for Alien Minors Act of 2003 (known as the “DREAM ACT.” The bill would grant conditional permanent resident status (i.e. a temporary Green Card) to those who meet all of the following criteria:
- they came to the United States prior to the age of 16; and
- they have good moral character; and
- they have lived in the United States for at least five years at the time the bill becomes law; and
- they have graduated from a U.S. high school.
Please note that each and every requirement must be met; thus, if a person arrived in the US after his or her 16th birthday but meets all the other criteria, they would not qualify under the DREAM ACT.
While this law is rather limited in scope, it would in fact help those families who came to the US with small children and who have not found a basis for adjustment. The children of these families would qualify under the DREAM ACT if and when it becomes law.
As noted above, the beneficiaries of the DREAM ACT would receive only a temporary green card. To have the green card become permanent, the applicant would have to:
- graduate from a 2 year college or pursue a Bachelor’s or higher degree and be in good standing for at least 2 years; OR
- graduate from certain 1 year occupational programs administered by accredited non-profit organizations or public schools; OR
- serve in the U.S. Army for at least 2 years, and if discharged, have received an honorable discharge.
Note that here, only one of the criteria needs to be met, not all three. Note also, that after they receive a green card, in due course the beneficiaries can apply for citizenship, and at that time they could sponsor parents or siblings as provided by law.
Note also that those individuals who have already met the education or military requirements for making the green card permanent before the date the law is enacted would still have to wait an additional 3 years before they can obtain a permanent Green Card.
As mentioned above, the DREAM ACT of 2003 was approved by the Senate Judiciary Committee and will now be sent to the full Senate floor for a vote. It is anticipated that the Senate will approve the DREAM ACT of 2003 and the House of Representatives will also do so. President Bush has hinted that he is in support of having this type of legislation become law.
Accordingly, as stated in our previous announcements, we at Popescu, Iosepovici & Associates believe that slowly but surely the immigration laws of this country will become more pro-immigrant and more and more immigrants will be able to fulfill their dream of becoming Lawful Permanent Residents of the United States.
Of course, we will continue our efforts to monitor developments and to update the Romanian community on any changes in this crucial area of law. We will report all news and developments - good or bad - so that our community is best prepared to take advantage of any new means that may become available for getting a green card.
Armand Fried, Zamir Iosepovici & Robert Popescu
