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PROPOSED LAW WOULD GRANT GREEN CARDS TO CERTAIN STUDENTS
UNDER 21
by Michael J. Gurfinkel, Esq.
The Senate Judiciary Committee has approved a bipartisan
bill, S 1291 (also known as the DREAM Act), that would allow students
between the ages of 12 and 21, who have resided in the United
States for at least five years, to apply for adjustment of status
upon their graduation from high school.
The proposed DREAM Act (Development, Relief, and
Education for Alien Minors Act) would also give states the option
of granting in-state resident tuition rates for undocumented aliens
applying to colleges.
The bill has yet to be approved by the full Senate
or House of Representatives but it is hoped that with the pro-immigration
sentiment again prevailing in Capitol Hill nine months after the
September 11, 2001 terrorist attacks, the proposal would become
a law.
Under the proposed law, an inadmissible or deportable
alien may seek cancellation of removal and be granted permanent
resident status if:
- The alien has applied for relief under the provisions
of the DREAM Act not later than two years after the enactment
of the law.
- The alien has not, at the time of application,
attained the age of 21.
- The alien, at the time of application, is attending
a college, university, or other institution of higher education
in the United States.
- The alien was physically present in the United
States on the date of the enactment of the DREAM Act, and has
been physically present in the United States for a continuous
period of not less than five years immediately preceding the
date of enactment of the law. The alien must not have been outside
the United States for any period in excess of 90 days, or for
any periods totaling 180 days.
- The alien has been a person of good moral character.
The alien's status would initially be in the form
of a "conditional" green card, which will be made permanent
upon the filing of a petition for permanent resident status within
90 days from graduation from college, which must contain the following
facts and information:
- The alien has graduated from an institution of
higher education, as evidenced by an official report from the
registrar: (a) within six years, in the case of a four-year
bachelor's degree program; or (b) within four years, in the
case of a degree program of a two-year institution.
- The alien maintained good moral character.
- The alien has not been convicted of any crime.
- The alien has maintained continuous physical
residence in the United States.
This is certainly good news for many undocumented
college bound Filipinos in the United States. Many of these Filipino
families entered the United States with visitor's visas and decided
to stay. The children go through elementary, middle, and high
school even if they and their parents are in the U.S. illegally.
Their problems begin when the children are ready to go to college.
Most colleges and universities require proof of
legal status for admission. In addition, during college, the student
will often need to drive, and he or she cannot obtain a driver's
license without legal status. (The student may also need to work
part-time to support his school expenses, but without legal papers,
he or she will have difficulty finding a job.)
The proposed law, authored by Senators Orin Hatch
(D-Utah) and Richard Durbin (D-Illinois), could resolve these
problems in favor of the undocumented students. Under their proposal,
the undocumented students can file for conditional green card
upon graduation from high school, which sets them up for worry-free
college education and the much lower resident tuition. The student
can also then apply for a job and a driver's license.
The proposed law would benefit thousands of undocumented
Filipino students, who are currently in the US's school system
and who are looking forward to higher education and a bright future
in this country. Parents are encouraged to express their support
for the bill by writing to their Senators and Congressmen, requesting
that they support the enactment of the DREAM Act.
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