Deferred Action for Childhood Arrivals (DACA) is a program designed to protect undocumented immigrants who entered the United States as children from deportation. It offers work authorization and temporary relief from removal but does not provide lawful permanent residency or a path to citizenship.
For DACA recipients, obtaining a green card offers stability and long-term security, especially since DACA itself is temporary and subject to changes in government policies. A green card provides permanent residency, more legal rights, and a pathway to U.S. citizenship.
Can DACA Recipients Apply for a Green Card?
Yes, DACA recipients can apply for a green card, but eligibility depends on specific circumstances. While DACA status allows recipients to work and live legally in the U.S., it does not automatically qualify them for a green card. Eligibility is determined by factors such as lawful entry, family relationships, or employment opportunities.
Key Factors That Determine Eligibility
Lawful Entry into the U.S.
DACA recipients who entered the U.S. legally, such as with a visa, will have a more straightforward path to a green card. Lawful entry is a key requirement for Adjustment of Status. However, many DACA recipients entered without inspection, complicating the process.
Adjustment of Status vs. Consular Processing
Adjustment of Status (AOS): This process allows eligible individuals already in the U.S. to apply for a green card without leaving the country. It typically requires proof of lawful entry.
Consular Processing: For those who entered without inspection, applying for a green card may involve leaving the U.S. and submitting an application at a U.S. consulate in their home country. However, leaving the U.S. can trigger reentry bars, making this option risky without proper waivers.
Legal Barriers
DACA recipients may face challenges such as unlawful entry, reentry bars, or inadmissibility due to prior immigration violations. These legal obstacles can often be addressed with waivers, but the process is complex and requires careful preparation.
Pathways to a Green Card for DACA Recipients
Marriage to a U.S. Citizen
Marriage to a U.S. citizen is one of the most common ways for DACA recipients to obtain a green card. If the DACA recipient entered the U.S. legally, they may qualify for Adjustment of Status.
The process may require additional steps for those who entered without inspection, such as traveling abroad on advanced parole or applying for consular processing. A DACA lawyer can help address these complications and guide applicants through the process.
Employment-Based Green Cards
DACA recipients may qualify for a green card through employment if they meet the requirements for an employment-based visa. However, lawful entry remains critical in determining their Adjustment of Status.
For those who lack lawful entry, advanced parole may be a useful tool to adjust their status after reentering the U.S. legally.
Family-Based Petitions
U.S. citizens or lawful permanent resident relatives, such as parents or siblings, can sponsor DACA recipients for a green card. However, family-based petitions are subject to preference categories, and depending on the petitioner’s relationship with the applicant and the country of origin, they may involve long waiting periods.
Advanced Parole as a Strategy
Advanced parole is a special permission granted to DACA recipients to leave and legally reenter the U.S. It can help those who entered without inspection become eligible for Adjustment of Status by establishing lawful entry upon their return.
Common reasons for applying for advanced parole include educational opportunities, employment, or humanitarian needs. Before applying, it’s important to consult a lawyer to ensure eligibility and minimize risks.
Special Circumstances
There are specific programs that may provide DACA recipients with a unique pathway to a green card:
Special Immigrant Juvenile Status (SIJS): For individuals who were abused, abandoned, or neglected as children.
U Visa: For victims of serious crimes who assist law enforcement.
T Visa: For victims of human trafficking.
These options are tailored to specific situations and require detailed documentation.
Tips for DACA Recipients Considering a Green Card
Consult a DACA Lawyer Early: Legal advice is crucial to understanding eligibility and choosing the best pathway to a green card.
Consider Advanced Parole: If applicable, advanced parole can help establish lawful entry and open the door to Adjustment of Status.
Gather Evidence of Eligibility: Compile important documents, such as proof of lawful entry, family or employment relationships, and other supporting evidence.
Stay Updated on Immigration Policy: Immigration laws affecting DACA recipients are subject to change, so staying informed is key.
Be Patient and Persistent: Obtaining a green card can be lengthy and challenging, but persistence is essential.
Achieving Stability: The Path to a Green Card for DACA Recipients
Yes, DACA recipients can apply for a green card, but their eligibility depends on specific factors such as lawful entry, family ties, or employment opportunities. While the process can be complex, it is achievable with the right preparation and guidance.
A DACA lawyer is important in helping applicants understand their options, gather evidence, and overcome legal obstacles. For DACA recipients seeking stability and a brighter future, obtaining a green card represents a significant step toward building a more secure life in the United States. With proper legal assistance, dedication, and an understanding of the pathways available, DACA recipients can turn this goal into a reality. Seeking support early and working with an experienced immigration attorney can make the process smoother and increase the chances of success.
