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Degrees of Freedom
Defeat of DREAM Act Takes Hopes of Many
Sunday, November 18, 2007

Many have expressed disappointment over the defeat of the Dream (Development, Relief and Education for Alien Minors) Act on October 25 by a vote of 52 to 44 -- 6 votes short to proceed to debate on the Senate floor. This bill would have allowed minors without legal immigrant status a chance at legal residency if they serve in the military for two years or graduate from school. There were many reasonable requirements in the bill: proof the applicant arrived in the United States prior to the age of 16, residency for at least 5 years, age between 12 and 30 at the time the bill is enacted, graduation from high school (or received a GED), and have no criminal record. Just how many DREAMS were extinquished by this vote? Estimates range from a low of 60,000 to "millions" by anti-immigration sites such as the Center for Immigration Studies.

Conservative Republicans opposed this measure for the same reason they voted against comprehensive immigration reform in June - they consider it a "backdoor amnesty". They point out that if an illegal alien can produce papers (potentially fraudulent ones) showing a secondary school diploma or a GED, they would immediately receive a conditional green card. This, some Republicans maintain, gives illegals a faster path to citizenship than lawfully present aliens. They also point out that by making applicants eligible for in-state tuition, this would effectively discriminate against U.S. citizens.

These concerns are further magnified by conservative anti-immigrant TV commentators such as Michelle Malkin, Sean Hannity, and Lou Dobbs who fan the voices of bigotry, ignorance, and hate in exchange for higher ratings. Their arguments typically degenerate into simplistic sterotypes that wrongly claim that illegal aliens take away jobs from Americans, are terrorists, or are criminals. Our democratic process depends on a more informed public.

Unfortunately the voices of LEGAL immigration, which we are one, have not done an effective job at communicating the basic facts: Students with access to higher education would enjoy higher earnings, use fewer federal benefits, and increase the tax base -- thus benefiting all. The fraud issues could be effectively policed just as they are today with systems already in place for high school and college graduates. And by dropping or modifying the in-state tuition benefit, the discrimination argument could be rendered moot. Although fairness is not always a consideration in our nations laws, is it fair to punish innocent children brought in to this country by the unlawful acts of their parents? Is it fair for the children of illegals who serve in the military to protect our freedoms, only to be denied a path to citizenship?

This vote shows just how difficult immigration reform may be in the coming months. It is likely that for similar legislation to pass in a future vote, it must be accompanied by a corresponding enforcement provision against illegal immigration. If so, what would that measure be?

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posted by J. Stephen Wilson

 

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A: Applications must be submitted on line, not by mail. However, the United States Association of Immigrants at www.myusai.org accepts mail-in entries for a small fee of $5. They accept on-line entries for FREE. You can also enter at the official government website at: www.dvlottery.state.gov. This site is only accessible during the open registration period. Mail-in applications are not accepted.

Q: Must each applicant submit his/her own entry, or may someone act on behalf of an applicant?

A: Applicants may prepare and submit their own entries, or have someone submit the entry for them. Regardless of whether an entry is submitted by the applicant directly, or assistance is provided by an attorney, friend, relative, etc., only one entry may be submitted in the name of each person. If the entry is selected, the notification letter will be sent only to the mailing address provided on the entry.

Q: Are signatures and photographs required for each family member, or only for the principal applicant?

A: Signatures are not required on the Electronic Diversity Visa Entry Form. Recent and individual photos of the applicant, his or her spouse and all children under 21 years of age are required.

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A: Yes, an applicant may be in the U.S. or in another country, and the entry may be submitted from the U.S. or from abroad.

Q: Is each applicant limited to only one entry during the annual DV registration period?

A: Yes, the law allows only one entry by or for each person during each registration period; applicants for whom more than one entry is submitted will be disqualified. The Department of State employs sophisticated technology and other means to identify individuals that submit multiple entries during the registration period. Applicants submitting more than one entry will be disqualified and an electronic record will be permanently maintained by the Department of State. Applicants may apply for the program each year during the regular registration period.

Q: May a husband and a wife each submit a separate entry?

A: Yes, a husband and a wife may each submit one entry if each meets the eligibility requirements. If either were selected, the other would be entitled to "derivative" status.

Q: What family members must I include on my DV entry?

A: On your entry you must list your spouse, that is husband or wife, and all unmarried children under 21 years of age, with the exception of a child who is already a U.S. citizen or a Legal Permanent Resident. You must list your spouse even if you are currently separated from him/her. However, if you are legally divorced, you do not need to list your former spouse. For customary marriages, the important date is the date of the original marriage ceremony, not the date on which the marriage is registered. You must list ALL your children who are unmarried and under 21 years of age, whether they are your natural children, your spouse's children by a previous marriage, or children you have formally adopted in accordance with the laws of your country, unless a child is already a U.S. citizen or Legal Permanent Resident. List all children under 21 years of age even if they no longer reside with you or you do not intend for them to immigrate under the DV program.

The fact that you have listed family members on your entry does not mean that they later must travel with you. They may choose to remain behind. However, if you include an eligible dependent on your visa application forms that you failed to include on your original entry, your case will be disqualified. (This only applies to persons who were dependents at the time the original application was submitted, not those acquired at a later date.) Your spouse may still submit a separate entry, even though he or she is listed on your entry, as long as both entries include details on all dependents in your family.

Q: What are the requirements for education or work experience?

A: The law and regulations require that every applicant must have at least a high school education or its equivalent or, within the past five years, have two years of work experience in an occupation requiring at least two years training or experience. A "high school education or equivalent" is defined as successful completion of a twelve-year course of elementary and secondary education in the United States or successful completion in another country of a formal course of elementary and secondary education comparable to a high school education in the United States. Documentary proof of education or work experience should not be submitted with the lottery entry, but must be presented to the consular officer at the time of the visa interview. To determine eligibility based on work experience, definitions from the Department of State's O*Net OnLine database will be used.

Q: How will successful entrants be selected?

A: At the Kentucky Consular Center, all entries received from each region will be individually numbered. After the end of the registration period, a computer will randomly select entries from among all the entries received for each geographic region. Within each region, the first entry randomly selected will be the first case registered, the second entry selected the second registration, etc. All entries received during the registration period will have an equal chance of being selected within each region. If you entry has been selected, you will be receive notification letter from the Kentucky Consular Center, with visa application instructions. The Kentucky Consular Center will process your paperwork until those who are selected are instructed to appear for visa interviews. Interviews will be held either at a U.S. consular office abroad, or a CIS office in the United States to change status.

Q: Will applicants who are not selected be informed?

A: No, applicants who are not selected will receive no response to their entry. Only those who are selected will be informed. All notification letters are sent within about nine months of the end of the application period to the address indicated on the entry. Anyone who does not receive a letter will know that his/her application has not been selected.

Q: How many applicants will be selected?

A: There were 50,000 DV visas available for DV-2009, but more than that number of individuals will be selected. Because it is likely that some of the first 50,000 persons who are selected will not qualify for visas or pursue their cases to visa issuance, more than 50,000 entries will be selected by the Kentucky Consular Center to ensure that all of the available DV visas are issued. However, this also means that there will not be a sufficient number of visas for all those who are initially selected. All applicants who are selected will be informed promptly of their place on the list. Interviews with those selected will begin in early October 2008. The Kentucky Consular Center will send appointment letters to selected applicants four to six weeks before the scheduled interviews with U.S. consular officers at overseas posts. Each month visas will be issued, visa number availability permitting, to those applicants who are ready for issuance during that month. Once all of the 50,000 DV visas have been issued, the program for the year will end. Selected applicants who wish to receive visas must be prepared to act promptly on their cases. Random selection by the Kentucky Consular Center computer does not automatically guarantee that you will receive a visa.

Q: Is there a minimum age for applicants to apply for the DV program?

A: There is no minimum age to apply for the program, but the requirement of a high school education or work experience for each principal applicant at the time of application will effectively disqualify most persons who are under age 18.

Q: Are there any fees for the DV program?

A: There is no fee for submitting an entry. A special DV case processing fee will be payable later by persons whose entries are actually selected and processed at a U.S. consular section for this year's program. DV applicants, like other immigrant visa applicants, must also pay the regular visa fees at the time of visa issuance. Details of required fees will be included with the instructions sent by the Kentucky Consular Center to applicants who are selected.

Q: Are DV applicants specially entitled to apply for a waiver of any of the grounds of visa ineligibility?

A: No, applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act. There are no special provisions for the waiver of any ground of visa ineligibility other than those ordinarily provided in the Act.

Q: May persons who are already registered for an immigrant visa in another category apply for the DV program?

A: Yes, such persons may apply for the DV program.

Q: How long do applicants who are selected remain entitled to apply for visas in the DV category?

A: Persons selected in the DV-2009 lottery are entitled to apply for a visa only during fiscal year 2009, i.e., from October 2008 through September 2009. Applicants must obtain the diversity visa or adjust status by the end of the fiscal year (September 30, 2009). There is no carry-over of DV benefits into the next year for persons who are selected but who do not obtain visas during FY-2007. Also, spouses and children who derive status from a DV-2009 registration can only obtain visas in the DV category between October 2008 and September 2009. Applicants who apply overseas will receive an appointment letter from the Kentucky Consular Center four to six weeks before the scheduled appointment.

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