Trump's immigration agreement with the Democrats.

The reality explained.

Jose Reyes, Esq.

September 15th 2017.


This Wednesday ended with great enthusiasm after the news that Democratic leaders of the House and Senate reached an agreement with President Trump in relation to making DACA a law. But Thursday was a day of ups and downs regarding the information that came out, in which they tell us that there is no agreement and later that there is in fact an agreement. In this article I will try to explain the current situation according with the available information.


To understand the process of converting DACA into a law, we must divide the process into the different steps that must be taken:


  • How it is presented.
  • Content.
  • Specific details.
  • When it is discussed.

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Dream Act 2017 a new hope for Dreamers

Bill introduced by Senators Lindsey Graham and Dick Durbin.

By Jose Reyes, Esq.

Immigration Attorney


A new version of the Dream Act that will benefit those who came to the United States as minors was presented on July 21, 2017 by Senators Lindsay Graham, Republican of South Carolina and Dick Durbin, Democrat from Illinois. The bill directly benefits those who received Deferred Action (DACA), and also extends to those who arrived before the age of 18 and up to four years before the date the bill comes into force. The most important thing is that it would be a law and that can lead to citizenship. The possibility for this law to be approved is analyzed in a second document.




The bill sets the following requirements:


  • To have arrived in the United States before reaching the age of 18.
  • Do not have a criminal record.
  • Not having entered with a student visa and overstay.
  • Have a high school diploma, GED or be studying on the date of the application.
  • Arrive in the United States at least 4 years before the bill (law) comes into force.
  • Not have departures for more than 90 days, or if you have several departures, that do not accumulate more than 180 days in the last four years.


Differences with DACA


The main differences with President Barack Obama’s Deferred Action program are as follows:


  • The maximum age of arrival is extended from 15 to 17 years.
  • The requirement to be born after June 15, 1981 is eliminated.
  • The dangerous crimes are defined in such way that some people who did not qualify for DACA can qualify.
  • The analysis of dangerous crimes that are “expunged” is allowed.
  • The requirement of a medical examination is implemented. Most medical problems can be forgiven, but it is an opportunity to check the applicant’s tattoos for gang involment.


The project leads to citizenship.


One of the main benefits of this bill is that it grants a Conditional Residence, similar to the Permanent Residence and lasts for 8 years. The bill does not foresee the renewal of the Conditional Residence, so it will be necessary to eliminate the provisional status of the residence fulfilling any of the following requirements.


  • Do not have a criminal record.
  • Not having left his residence in the United States.
  • Know how to read, speak and understand English and know the fundamental elements of United States history.
  • And comply with any of the following:
  • Have finished a career in college or university.
  • Have 2 years of schooling after high school.
  • Have 2 years of military service.
  • Have worked 3 years representing at least 75% of the time in which they have had work permits under the law. That is to say, if you did not work two years, you can only request the removal of the condition after having worked six years.


Waiver for special cases.


In case that the person cannot meet the requirements to eliminate the condition of the residence, you can request a waiver if you meet any of the following requirements:


  • If you have a disability that prevents you from meeting the requirements.
  • Provides care full-time to a minor.
  • If being deported would cause extreme distress to a child, parent or spouse born in the United States or Permanent Resident.
  • Any other cause that has prevented you from meeting the requirements.


If the bill (law) is approved, some of its affects would take effect immediately. Primarily the persons who qualify cannot be deported. But the processing time could take between 3 and 9 months to start.


We remind you this is just a project of a bill. Avoid scams, do not pay anyone for services relates to this process. We only recommend that if you think that you may qualify, start to accumulate your documents.



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Copyright 2018 Jose Reyes, Esq. Immigration Attorney