S. 3992 DREAM ACT legislation
Hey all,See summary of the new bill introduced in the Senate yesterday. House is likely to introduce a new one with very similar language. It might be voted on as early as tomorrow afternoon, if they have the votes. Senate is expected to take it on next week.
1. Creates conditional nonimmigrant status for 10 years, followed by 3 years of LPR status prior to application for naturalization.
1. Authorized to be employed
2. May travel outside the US and may be admitted without a visa if carrying valid evidence of status and if not absent for more than 180 days.
3. Treated as lawfully present except for purposes of eligibility for health care (see number 17).
2. Eliminates repeal of in-state tuition ban.
3. Broadens the definition of institution of higher learning to include vocational institutions
4. Must show good moral character since time of entry into the country (rather than date of enactment)
5. Creates more grounds of inadmissibility, deportability, and other grounds for exclusion.
1. Ineligible for engaging in voter fraud, unlawfully voting, marriage fraud, public health risk, likely to become a public charge, student visa abuse, polygamy, draft evasion,persecution of others
2. Ineligible for one felony or three misdemeanor convictions.
6. Lower age cap from 34 to 29.
7. Requires submission of biometric and biographic data, a background check, a medical examination (restates current law)
8. Expands required disclosures and creates exceptions to confidentiality requirement for criminal, homeland security, or national security purposes.
9. Application deadline for conditional nonimmigrant status– alien must apply for conditional status within one year after obtaining high school degree or GED, admittance to institution of higher education, or date of enactment.
10. Requires selective service registration.
11. Requires alien to demonstrate prima facie eligibility to receive stay of removal while application pending.
12. Burden of proof – requires alien to demonstrate eligibility by a preponderance of the evidence.
13. Adjustment to LPR status
1. Must show good moral character during the 10 years in conditional status
2. Cannot have been absent from the US for a total of more than 365 days during the conditional status
3. Application deadline – must file for adjustment of status during the period beginning 1 year before and ending on either the date that is 10 years after the date of the granting of conditional nonimmigrant status or any other expiration date of the conditional status.
14. Requires alien to pay back taxes before conditional status removed.
15. Retroactive benefits section maintained.
16. No Expedited Processing of Applications section, as included in earlier version.
17. Eligibility for Health Care:
1. While in conditional nonimmigrant status, ineligible for subsidies under the Exchange.
2. 5-year bar under PRWORA is considered completed within the conditional status period.
I am really proud and honored to be apart of the movement, thank you everyone for your hard work blood, sweat, and tears. We are no where near close to being done, keeps calling! Love and BLessings during the holiday season.
-Tiffany Dena Loftin