The bill also authorizes the DHS to grant these groups of immigrants with conditional permanent resident status for ten years. The agency will grant lawful permanent resident (LPR) status to such immigrants if they apply and reach more advanced professional or career milestones related to education, military service or employment history.
The new Dream Act also contains very strict standards to eligibility related to criminal activity or national security. An immigrant is not qualified for relief if he/she:
- presents a risk to national security
- has a felony conviction of any kind (excluding State immigration-related offenses)
- has misdemeanor convictions involving a moral turpitude with sentence of more than six months
- 2 misdemeanors involving moral turpitude, regardless of sentence
- 1 misdemeanor conviction for domestic violence, unless the applicant can demonstrate that he/she was actually a victim
- More than 2 misdemeanors of any kind, excluding offenses that should not prevent eligibility (i.e., minor traffic offenses, offenses related to immigration status, certain offenses involving cannabis, and non-violent civil disobedience).
Furthermore, the legislation provides the DHS Secretary with the non-delegable discretion to deny an applicant if he/she:
- pose a significant threat to public safety based on a single conviction (punishable by more than 30 days)
- poses a significant threat to public safety based on a juvenile delinquency adjudication that resulted in placement in a secure facility
- directly participated in gang-related offenses, even with no underlying conviction.
