As of November 2014, the Obama Administration has updated DREAM Act principles: DACA (Deferred Action for Childhood Arrivals) allows illegal foreigners who were brought to the U.S. as children to remain in the U.S. and not to be deported.
DACA Waiver Requirements
To qualify the child must
- have entered the U.S. before the age of 16,
- be illegal in the U.S. on June 15, 2012,
- continuously reside in the U.S. since January 1, 2010, and until now (note: in some cases, short trips out of the U.S. can be o.k.),
- are either now in school or have completed high school GED, or else have served in the military (note: you may enroll in a high school equivalency program and complete the GED exam. It can include other types of schooling designed to further post-secondary education, or provide vocational training. For a GED program, search online for Department of Education in your state.)
- and not be targeted as a priority for removal (deportation).
Reasons for Deportation
Targeted foreigners who are a priority for removal and should not receive DACA typically include those who
- commit 3 or more minor (misdemeanor) offenses,
- commit a serious crimes or any “significant misdemeanor”, including domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence, or if not an offense listed above, one for which the individual was sentenced to time in custody of 90 days or more,
- entered the U.S. on or after January 1, 2014,
- have a final deportation removal order on or after January 1, 2014, or
- have significantly abused their visa or the visa waiver ESTA program.