Another AILA attorney received confirmation from Al Franken's Office and DHS of the following clarification of the education requirements contained in the Napolitano Memorandum (re: deferred action for DREAM Act eligible children). The education requirement can be satisfied even if one dropped out of high school if:
1. he/she returns or enrolls in school,
2. he/she does so BEFORE submitting the application.
Apparently this would apply even if the re-enrollment or return occurred after June 15, 2012 (the date of the Memorandum). The same source indicates that we should expect written confirmation of this interpretation very soon. As soon as I receive it, I will update my blog with links.
This is very important news since it clarifies a fundamental ambiguity in the Napolitano Memorandum. A large number of clients that I have seen have not finished high school (mostly due to the fact that the kids needed to work to help support their families). This liberal interpretation is welcome news indeed.
It also further highlights the need to seek experienced counsel before venturing out into the confusing and often times nonsensical world of immigration law.