From Dreamer to Citizen: Navigating the Process of Obtaining Citizenship Through Marriage as a DACA Recipient

In recent years, the topic of immigration has become a hot-button issue in the United States. And at the center of this debate are the thousands of young adults known as DACA recipients who were brought to the country illegally by their parents as children. As they navigate through uncertain immigration policies, one question often arises: Can a DACA recipient apply for citizenship through marriage? This question not only highlights the complexities of our immigration system but also sheds light on the power of love and marriage in providing a pathway to citizenship. In this article, we will explore this question and delve deeper into the challenges faced by DACA recipients as they seek to build a life in the country they call home.

What is DACA?

The Deferred Action for Childhood Arrivals (DACA) program was established in 2012 by President Barack Obama. It provides temporary protection from deportation and grants work permits to individuals who were brought to the United States as children without proper documentation. This program has been a lifeline for thousands of young people, also known as Dreamers, who have been able to pursue their education, work legally, and contribute to their communities without fear of being deported.

To be eligible for DACA, individuals must have arrived in the U.S. before their 16th birthday, continuously lived in the country since June 15, 2007, and meet other specific criteria. They must also pass a background check and cannot have any felony convictions or significant misdemeanors on their record.

Can a DACA recipient apply for citizenship?

One of the most common questions asked about DACA is whether recipients can apply for citizenship. The answer is not a straightforward yes or no; it depends on various factors. Let’s explore the possibilities below.

1. No path to citizenship through DACA alone

DACA recipients are not eligible to apply for citizenship through the program itself. This applies to all individuals approved under DACA, even those who have held DACA status for many years.

The primary goal of DACA is to provide temporary relief from deportation and employment authorization. It does not lead to permanent residency or citizenship directly.

2. The possibility of obtaining permanent residency through marriage

An individual with DACA status can possibly obtain permanent residency and then eventually pursue citizenship through marriage to a U.S. citizen or permanent resident spouse.

However, this route requires that the spouse files an immigrant petition on behalf of their partner with USCIS (U.S Citizenship and Immigration Services), proving they entered into a valid marriage without any intention of evading immigration laws.

The DACA recipient may be able to apply for a marriage-based green card if they meet all the eligibility criteria, including being inspected and admitted or paroled into the U.S., have continuously resided in the U.S. for at least three years, and maintain DACA status at the time of filing the application.

3. Potential for other paths to citizenship

Besides marriage, there may be other paths to citizenship available for a DACA recipient, such as employment-based immigration, asylum or refugee status, or sponsorship from a family member with a legal status in the U.S. However, these options are highly dependent on each individual’s circumstances and require specific eligibility criteria to be met.

The process of obtaining citizenship through marriage for a DACA recipient

Obtaining U.S. citizenship through marriage can be an extensive and complex process. For a DACA recipient who wishes to pursue this route, here is a brief overview of what it entails:

Step 1: Marriage and permanent residency petition

The first step is getting married to a U.S. citizen or permanent resident spouse and having them file an immigrant petition on your behalf with USCIS. This step also includes submitting supporting documents such as proof of their U.S. citizenship or lawful permanent resident status and evidence of the bona fides of your relationship.

If everything is approved, you will receive a Notice of Action (NOA) giving you permission to move on to the next step.

Step 2: Adjustment of Status application

Once USCIS approves your petition, you must apply for a green card by submitting an adjustment of status (I-485) application with USCIS. This step requires the submission of additional documents, including financial records, biometrics appointment attendance, and evidence that you meet all eligibility requirements for permanent residency.

If your I-485 is approved, you will receive a green card, granting you permanent residency. However, if USCIS denies your application, your DACA benefits may be terminated.

Step 3: Applying for citizenship

Once you have been a permanent resident for five years (three years if married to a U.S. citizen), you may be eligible to apply for U.S. citizenship through naturalization. This step requires filing form N-400 with USCIS and attending an interview and civics test.

If approved, you will receive a Certificate of Naturalization, making you a U.S. citizen.

The importance of seeking legal guidance

As seen above, the process of obtaining citizenship through marriage as a DACA recipient is not straightforward and has many caveats and requirements. It is crucial to seek professional legal guidance from an immigration attorney who can help navigate the complex process and ensure that all steps are completed accurately and on time.

Moreover, not everyone will qualify for permanent residency or citizenship through marriage. Therefore, it is essential to explore all possible avenues available for achieving your immigration goals and choose the most suitable option.

While DACA recipients cannot apply for citizenship directly through the program, they may have other avenues available to pursue permanent residency

Becoming a U.S. citizen is a dream for many individuals, and it can be particularly challenging for those who have been granted Deferred Action for Childhood Arrivals (DACA). This program provides temporary protection and work authorization to individuals who were brought to the United States illegally as children. While DACA recipients may not have a clear path to citizenship, there is one potential avenue available to them – marriage. In this comprehensive guide, we will explore the question of whether a DACA recipient can apply for citizenship through marriage.

Understanding DACA

Before delving into the requirements for obtaining citizenship through marriage as a DACA recipient, it’s important to have a thorough understanding of the DACA program itself. Created in 2012 by President Barack Obama, DACA provides temporary protection from deportation and work authorization to eligible individuals who entered the U.S. illegally as children. In order to qualify for DACA, individuals must meet certain criteria including being under the age of 31 as of June 15, 2012, having continuously resided in the U.S. since June 15, 2007, and having arrived in the U.S. before turning 16 years old.

DACA recipients can renew their status every two years as long as they continue to meet the eligibility requirements. Unfortunately, this program does not provide a pathway to permanent residence or citizenship on its own.

Marriage-Based Pathway to Citizenship

For most individuals seeking U.S. citizenship through marriage, their spouse must be either a U.S. citizen or permanent resident (green card holder) in order for them to be eligible for a green card themselves. However, due to the legal limbo that many DACA recipients find themselves in, there are some exceptions when it comes to obtaining permanent residence through marriage.

If you are married to a U.S. citizen and entered the U.S. without inspection (i.e. without going through the proper channels at a port of entry), you may be eligible for a green card under a process known as “parole in place”. This process allows an individual who would otherwise be barred from obtaining a green card due to their illegal entry, to adjust their status to permanent resident while remaining in the U.S.

It’s important to note that parole in place is not technically a pathway to citizenship itself, but rather a way to obtain permanent residence which can then lead to citizenship down the road.

Requirements for Parole In Place

While parole in place is a potential option for DACA recipients seeking permanent residence through marriage, there are certain requirements that must be met in order to qualify. These include:

– Continuing to meet the DACA eligibility requirements
– Being married to a U.S. citizen or permanent resident
– Having entered the U.S. without inspection before April 30th, 2001
– Providing evidence that your spouse would face extreme hardship if you were deported, causing them to potentially leave the U.S. as well

It’s important to note that parole in place is discretionary and is not guaranteed even if all of these requirements are met. You will also need an experienced immigration attorney to help you navigate this complex process and present a strong case for why you should be granted parole in place.

The Adjustment of Status Process

Once your spouse petition has been approved and you have been granted parole in place, you can then move on to adjusting your status from DACA recipient to permanent resident. This is done by filing Form I-485, Application Adjust Status, along with any required supporting documents and fees.

If your adjustment of status application is approved, you will receive your green card and can continue on your path towards citizenship through naturalization after five years as a permanent resident.

While becoming a U.S. citizen as a DACA recipient may seem like an impossible task, marriage to a U.S. citizen can provide a potential pathway to permanent residence and eventual citizenship. It’s important to seek the guidance of an experienced immigration attorney to determine your eligibility and navigate the complex processes involved in obtaining permanent residence and citizenship through marriage. With perseverance and the right legal representation, becoming a U.S. citizen is possible for DACA recipients.

1. Can a DACA recipient apply for citizenship through marriage?
Yes, a DACA recipient can potentially apply for citizenship through marriage if they meet certain eligibility requirements set by U.S. Citizenship and Immigration Services (USCIS).

2. What are the eligibility requirements for a DACA recipient to apply for citizenship through marriage?
In order to apply for citizenship through marriage, a DACA recipient must have been married to their U.S. citizen spouse for at least three years and have held a Green Card (permanent resident status) for at least three years.

3. Can a DACA recipient obtain citizenship without being married to a U.S. citizen?
Yes, it is possible for a DACA recipient to obtain citizenship without being married to a U.S. citizen. They can do so by meeting other naturalization requirements, such as having lived in the U.S. for at least five years and passing the English and civics tests.

4. Is there any special process or application form for DACA recipients seeking citizenship through marriage?
No, there is no special process or application form specifically for DACA recipients seeking citizenship through marriage. They would follow the same naturalization process as any other applicant.

5. Can DACA recipients qualify for an expedited path to citizenship through marriage?
Yes, in some cases, DACA recipients may be eligible for an expedited path to citizenship through marriage if they are serving in the U.S. military or are married to someone who is serving in the military.

6.Can a DACA recipient with prior immigration violations still apply for citizenship through marriage?
It depends on the individual’s specific immigration history and any past violations of immigration laws. It is recommended that they consult with an immigration lawyer before pursuing this option.

In conclusion, the pathway to citizenship for DACA recipients through marriage is a complex and constantly evolving topic. While many DACA recipients are able to obtain lawful permanent residence and eventually citizenship through marriage, there are various challenges and obstacles that must be overcome. These include demonstrating a bona fide marital relationship, navigating through changing immigration policies and laws, and potentially facing delays and rejections in the application process.

It is important for DACA recipients who wish to pursue this path to seek guidance from qualified immigration attorneys or legal organizations. They can provide valuable support in understanding the necessary steps and requirements, as well as advocating for their clients’ rights throughout the process. It is also crucial to stay informed about any updates or changes in immigration policies that may affect eligibility for marriage-based immigration benefits.

Despite these challenges, the possibility of obtaining citizenship through marriage can provide a sense of security and stability for DACA recipients. It allows them to fully integrate into society and contribute to their communities without fear of deportation. Furthermore, it highlights the importance of comprehensive immigration reform that would provide a more direct pathway to citizenship for DACA recipients and other undocumented individuals.

Overall, the question of whether a DACA recipient can apply for citizenship through marriage is not a straightforward one. It requires careful consideration of individual circumstances, thorough preparation, and potential legal

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Kelsey Garrison

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