Beneficiaries of the DREAM Act would be allowed to serve in our country's armed services or to attend college for at least two years. They would only be granted a TEN YEAR conditional non-immigrant (i.e. temporary status). After ten years, they could then apply for permanent resident ("green card") status. Once permanent residents, only then could they wait THREE ADDITIONAL YEARS before beginning the naturalization process – which is not guaranteed. So, THIRTEEN YEARS for U.S. citizenship.
If they have a mother or father who unlawfully entered the U.S., that parent would then be required under our immigration laws to return to his/her home country, which would automatically trigger a TEN YEAR BAR for having been unlawfully present in the U.S.
There is no waiver available for an unlawful presence bar for a parent of a U.S. citizen. That parent would need to wait outside the U.S. for a full TEN YEARS before applying to lawfully return to the U.S. The ten year bar was passed by Congress in the Illegal Immigration Reform & Immigrant Responsibility Act of 1996.
The result is that if the DREAM Act student qualifies over THIRTEEN YEARS later for U.S. citizenship, his/her parent would then need to leave the U.S. for another ten years before qualifying to immigrate as the parent of a naturalized citizen. So, at least TWENTY THREE YEARS for the parents to immigrate.
What if after over thirteen years a DREAM Act student becomes a U.S. citizen and files a petition for a brother or sister?
Right now if a naturalized U.S. citizen from Mexico had filed a petition for a sibling prior to December 22, 1995 (over 15 YEARS ago), a visa number would only be available today for that brother/sister to apply for a "green card." If in the U.S. without permission, that applicant would then be required under our restrictive immigration laws to depart from the U.S. for ten more YEARS prior to seeking to any visa or "green card." The waiting lists for siblings of U.S. citizens are incredibly backlogged, and do not advance one year each year. Filing today, it would probably take more than THIRTY YEARS before a sibling's turn would be reached on the waiting list.
A U.S. citizen CANNOT petition at all for a grandparent, niece, nephew, uncle, aunt, or cousin under our immigration laws.
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