What will happen to my status if the Dream Act becomes law? 3 Answers as of August 25, 2010

An immigration judge ordered me and my father to leave the United States when I was in middle school. He decided to go along the voluntary departure route but ended up staying within the US and never acting on his agreement to leave. I never made the decision to stay illegally myself. In fact, I had no say throughout the entire process. I, like my parents, worked extremely hard in our new home country and now have a full scholarship at a very prestigious east coast university. Will my voluntary departure status affect my chances of becoming a citizen if the Dream Act eventually passes?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The DREAM Act will be applicable to you if your order to leave the USA was made prior to your 18th birthday. There are other requirements for the DREAM Act to be applicable to you, but that is the one that applies to your order of removal. Second, I heard you say that your parents worked hard for you, but that the removal order was issued to only you and your father. Is your mother with legal status here? Do you have any other immediate family with legal status and over the age of 21, or even if not? There are options for you, and I would be pleased to be of help. Please feel free to contact me. I wish you the best, and I hope I can serve you.
Answer Applies to: California
Replied: 8/24/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
The Dream Act is a bill that has not yet passed into law. Therefore, we do not know what kind of applicants will be excepted when the bill does become law. If I were to guess, the Dream Act would excuse prior deportation order (which you have when you failed to depart the US with voluntary departure granted by the judge) as that would benefit more kids than if it does not cover prior deportation orders. However, what the actual law will say is anyones guess.
Answer Applies to: California
Replied: 8/23/2010
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