Proposed law would grant green cards to certain students under 21

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:

1. The alien has applied for relief under the provisions of the DREAM Act not later than two years after the enactment of the law.

2. The alien has not, at the time of application, attained the age of 21.

3. The alien, at the time of application, is attending a college, university, or other institution of higher education in the United States.

4. 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.

5. 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:

1. 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.

2. The alien maintained good moral character.

3. The alien has not been convicted of any crime.

4. 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.

Michael J. Gurfinkel has been a licensed attorney in California for over 21 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

Three offices to serve you:

LOS ANGELES: 219 North Brand Boulevard, Glendale, California, 91203

Telephone: (818) 543-5800

SAN FRANCISCO: 601 Gateway Boulevard, Suite 460, South San Francisco, CA 94080

Telephone (650) 827-7888

PHILIPPINES: Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines 1227

Telephone: 894-0258 or 894-0239

(This is for informational purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)