This past week the U.S. House of Representatives passed the Development, Relief, and Education for Alien Minors (DREAM) Act with a vote of 216-198. 

The DREAM Act authorizes the Secretary of Homeland Security to grant conditional nonimmigrant status to undocumented students who were brought to this country before the age of 16 and have been here at least 5 years as of the enactment date. They also must be under 30 years of age. After 10 years, participating individuals would be eligible to have their status adjusted from conditional nonimmigrant to legal permanent resident if they have received a degree from an institution of higher education, completed at least two years toward a bachelor’s (or higher) degree, or served at least two years in the military.

This upcoming week the U.S. Senate is expected to vote on the version of the DREAM Act passed by the House.  This past week the Senate introduced a different version of the DREAM Act but have tabled this version in order to vote on the House’s version.

The House’s version of the bill is a bit more conservative than the Senate version introduced earlier this month. Under the House bill, unauthorized residents could qualify for conditional nonimmigrant status if they:

• Were less than 16 years of age when they entered the country,
• Lived in the United States for at least five years prior to the bill’s enactment,
• Are high school graduates or high school students who have been admitted to an institution of higher education or have a general education development (GED) certificate, and
• Meet other requirements.

The initial conditional nonimmigrant status available under the bill would be valid for a period of five years after which individuals could apply for a single five-year extension. Individuals would be eligible for an extension if they had earned a degree from an institution of higher education, completed at least two years toward a bachelor’s (or higher) degree, or served at least two years in the military, and had met other standards. After completing the second five years, individuals who met the criteria for the five-year extension could have their status adjusted from conditional nonimmigrant to legal permanent resident (LPR) status.