How will DREAMers get green cards under Obama Amnesty?

Thankfully, some of the provisions of DREAM Act are being revived in the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013.  That means that the RPI status for DREAMers works differently.  In summary, as soon as they have been in this legal status for five years, they apply for adjustment of status to permanent resident (commonly called a green card).  This time period is 10 years for all other undocumented aliens.  The shorter period for DREAMers is being given to them as a recognition of their strong ties to America and with a consideration that they were children when they were forced by their parents into a criminal situation for which they should not be punished.  Those who want to be categorized as DREAMers, in addition to coming to the US before their 15th birthday, must obtain a high school diploma or equivalent, and pursue higher education or serve in the military.

Of course, DREAMers will need to meet some requirements in order to apply for a green card:

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  1. Maintain continuous presence for five years.
  2. Pay taxes to the IRS.
  3. Work in the United States regularly. This is going to be the most difficult one to qualify because the unemployment situation in the United States will only get worse in the future.  It is not clear how much of an employment gap will be acceptable.  It is understood that women can choose to be housewives only if someone can guarantee that they have the income to support them (immigrants unable to work or find anyone unable to provide financial guarantee for them will simply be deported).  It must also be emphasized that the job has to be in the United States.  So pretty much like the green card holders, RPI status holders cannot seek jobs in other countries.
  4. Knowledge of Civics and English.  While it maybe easy for many DREAMers, some of them will need to put extra effort in meeting this requirement.  That might include going back to school.
  5. Pay a $1,000 penalty, in addition to application fee for permanent resident.

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Completed sample Form I-765WS

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