Unlocking the Path to a Green Card: How Marriage Can Lead DACA Recipients to Permanent Residency

Immigration policies and laws can be complex and confusing, especially for those without legal expertise. For many individuals, the possibility of obtaining a green card through marriage to a US citizen is seen as a beacon of hope. However, for DACA recipients, the path towards permanent residency may seem uncertain and out of reach. In this article, we will explore the question that many DACA recipients have been pondering – can they obtain a green card through marriage? We will delve into the eligibility requirements and potential challenges that may arise for DACA recipients seeking to secure their residency status through marriage. So, if you or someone you know is in this situation, keep reading to find out more about this important topic.

Understanding DACA and Green Card Eligibility

DACA (Deferred Action for Childhood Arrivals) is an immigration program initiated in 2012 that grants temporary protection from deportation and allows work authorization for individuals who entered the United States as children without proper documentation. This program has provided relief to hundreds of thousands of young immigrants, known as Dreamers, who were brought into the country by their parents.

However, while DACA offers temporary benefits, many recipients wonder if they can obtain a permanent legal status in the U.S. through marriage and get a green card. The answer is yes, but it’s a complex process that requires understanding the eligibility requirements and following the proper procedures.

To be eligible to apply for a green card through marriage to a U.S. citizen or permanent resident, a DACA recipient must meet certain criteria set by U.S. Citizenship and Immigration Services (USCIS). These include being physically present in the country, having entered the U.S. legally, having not engaged in any criminal activity or violated any immigration laws, and being able to prove that the marriage is genuine and not just for obtaining an immigration benefit.

Marriage to a U.S. Citizen

If a DACA recipient marries a U.S citizen, they may be eligible to adjust their status to become a lawful permanent resident (LPR) through marriage-based green card application. The process involves filing Form I-485 along with other supporting documents such as Form I-130 (Petition for Alien Relative) filed by the spouse who is either a U.S citizen or LPR.

One of the key requirements for this option is that both parties must have entered into the marriage in good faith and not solely for immigration purposes. USCIS will carefully scrutinize all aspects of the relationship, including shared assets, joint financial responsibilities, shared residence, etc., to determine whether it’s genuine.

Once the application is approved, the DACA recipient will be issued a conditional green card that is valid for two years. After two years, they must jointly file Form I-751 to remove the conditions on their residence and obtain a permanent green card.

Marriage to a Permanent Resident

If a DACA recipient marries someone who is a permanent resident in the U.S., the process of obtaining a green card may take significantly longer. The spouse must first file Form I-130 and wait for it to be approved before the DACA recipient can apply for adjustment of status through Form I-485. The USCIS processing times for these forms can vary, so it’s crucial to stay up-to-date with current processing times and plan accordingly.

Another important factor to consider is that demand for immigrant visas often exceeds supply, so there may be lengthy wait times before an immigrant visa becomes available. This means that even after USCIS approves both Form I-130 and Form I-485, the DACA recipient’s adjustment of status application will not move forward until an immigrant visa becomes available.

Alternatives to Marriage-Based Green Card

There are also alternative options for DACA recipients to obtain lawful permanent residence besides marriage. One option is through employment-based sponsorship if the recipient has an employer willing to sponsor them for a green card. Another option is through family-based sponsorship by a qualified family member such as a parent, sibling or adult child who is either a U.S citizen or LPR.

In some cases, individuals who entered the U.S legally also have an opportunity to adjust their status based on humanitarian relief such as asylum or TPS (Temporary Protected Status). However, these options may not apply to all DACA recipients and can be complex processes that require proper legal guidance.

The Importance of Seeking Legal Advice

Navigating through immigration processes can be overwhelming and confusing, especially when looking for ways to obtain a green card while on DACA. It’s essential to seek legal advice from an experienced immigration attorney who can evaluate your situation and advise you on the best course of action to take.

Immigration lawyers have the knowledge, experience and resources to help DACA recipients explore different options for obtaining a green card through marriage or other means. They can also assist in preparing and filing all necessary forms and documents accurately and in a timely manner, reducing the chances of delays or denials.

In conclusion, marriage to a U.S. citizen or permanent resident may offer a path for DACA recipients to obtain a green card, but it’s not guaranteed. The process involves meeting strict eligibility criteria, providing evidence of a genuine relationship, navigating through complicated procedures, and dealing with potential delays and obstacles.

If you’re a DACA recipient contemplating marriage as a way to obtain permanent legal status in the U.S., it’s crucial to consult with an immigration attorney who can assess your situation and guide you on your options. Remember that seeking expert legal advice can significantly increase your chances of success and save you from unnecessary stress and complications.

Understanding the Possibility of Obtaining a Green Card Through Marriage for DACA Recipients

As a recipient of Deferred Action for Childhood Arrivals (DACA), you may have questions about obtaining permanent residency in the United States. One potential path towards achieving this goal is through marriage to a US citizen or permanent resident. However, it is essential to understand the complexities and limitations of this option before proceeding.

The Impact of DACA Status on Marriage-Based Green Card Applications

DACA status is not considered lawful immigration status by the United States Citizenship and Immigration Services (USCIS). This classification can have an impact on your ability to apply for a green card through marriage. USCIS may deny your application if you are unable to provide evidence of being admitted into the country with lawful status. Furthermore, even if you entered the US with lawful status, DACA status alone is not sufficient for USCIS to approve your marriage-based green card application.

Marriage to a US Citizen: Potential Paths for Obtaining a Green Card

If you are married to a US citizen, there are two potential paths for obtaining permanent residency: consular processing or adjustment of status.

Consular processing involves applying for an immigrant visa at a U.S. consulate in your home country while still residing abroad. Once approved, you will enter the US as a lawful permanent resident.

Adjustment of status involves applying for a green card while residing in the US. If approved, you will receive your green card without having to leave the country.

Neither consular processing nor adjustment of status allows DACA recipients to directly apply for their green cards through marriage. However, these options may still be pursued indirectly through avenues such as employment-based or family-based immigration.

Determining Your Eligibility for Adjustment of Status

To be eligible for adjustment of status, you must meet certain criteria, including being lawfully admitted into the US and maintaining lawful status since your entry. As mentioned earlier, DACA status alone does not fulfill these requirements. You must have entered the country with a valid visa or been inspected and admitted by an immigration officer at a port of entry.

If you were not lawfully admitted into the US, you may still be eligible for adjustment of status if you qualify for Section 245(i) of the Immigration and Nationality Act (INA). This provision allows people who entered without inspection or overstayed their visas to adjust their status if they have an underlying immigrant visa petition filed on their behalf by April 30, 2001.

Filing for Adjustment of Status under Section 245(i)

To qualify for adjustment of status under Section 245(i), you must have an approved immigrant visa petition filed on your behalf. This petition must have been filed before April 30, 2001, and it can be based on employment or family relationships.

For those with DACA status, there may be other options available to apply for adjustment of status based on employment-based immigration. However, these options require the DACA recipient to also have a qualifying job offer from a US employer and be eligible to obtain a work permit.

Marriage to a Permanent Resident: Understanding Limitations for Adjustment of Status

If you are married to a permanent resident rather than a US citizen, there are additional limitations that may impact your ability to obtain permanent residency through marriage. While permanent residents can file immigrant visa petitions for their spouses, wait times for green card availability are significantly longer compared to those married to US citizens. This could mean waiting several years before even being able to apply for adjustment of status.

Furthermore, holding DACA status may not meet the requirements for being considered a spouse under immigration laws. Therefore, additional documentation may need to be provided to USCIS proving the bona fide nature of your marriage.

The Importance of Legal Assistance for DACA Recipients Seeking a Green Card Through Marriage

Navigating the immigration process can be complex and overwhelming, especially for DACA recipients seeking permanent residency through marriage. It is crucial to seek guidance from an experienced immigration attorney who understands the nuances and limitations of applying for a green card with DACA status.

Your attorney can assess your specific situation and help determine the best course of action to achieve your goal of obtaining a green card. They can also assist in gathering necessary documentation and preparing your application to increase its chances of success.

While marriage to a US citizen or permanent resident may offer a path towards permanent residency for DACA recipients, it is not a straightforward process. The limitations and complexities involved require careful consideration and expert legal guidance. If you are a DACA recipient seeking a green card through marriage, it’s imperative to consult with an experienced immigration attorney who can assist you in navigating the process effectively.

1) Can a DACA recipient get a green card through marriage?
Yes, it is possible for a DACA recipient to obtain a green card through marriage to a US citizen or permanent resident. However, the process may be more complex and may require additional documentation compared to a traditional marriage-based green card application.

2) What are the eligibility requirements for obtaining a green card through marriage as a DACA recipient?
To be eligible, the DACA recipient must be married to a US citizen or permanent resident and be able to prove that the marriage is valid and not solely for the purpose of obtaining a green card. They must also have entered the country lawfully and meet all other green card requirements.

3) Do I need to maintain my DACA status while applying for a green card through marriage?
Yes, it is important to maintain your DACA status until you have successfully obtained your green card. Failure to maintain your status could jeopardize your ability to adjust your status.

4) What documents do I need to provide as evidence of my marriage?
Some examples of documents that can serve as evidence of a legitimate marriage include joint bank accounts, shared lease or mortgage agreements, insurance policies listing both spouses, and photos of the couple together. Other documents may also be requested by USCIS.

5) Will my spouse’s immigration status affect my ability to obtain a green card?
No, your spouse’s immigration status should not affect your eligibility for a green card through marriage. However, if your spouse entered the country illegally, they may need to apply for an unlawful presence waiver before you can petition for them.

6) How long does it take for a DACA recipient to obtain a green card through marriage?
The timeline can vary depending on several factors such as backlog at USCIS and any potential issues with the application. On average, the process can take anywhere from 10 to 18 months, but it is important to consult with an immigration attorney for a more accurate estimate based on your individual case.

In conclusion, it is a common misconception that a DACA recipient cannot obtain a green card through marriage. However, there are specific requirements and steps that must be followed in order to make this possible.

Firstly, the individual must have entered the United States legally and be in lawful status at the time of marriage. This means that they either entered with a valid visa or were paroled into the country.

Secondly, they must marry a US citizen or permanent resident who is willing to sponsor them for their green card. The couple must also prove that their marriage is bona fide, meaning it is based on love and not just for immigration purposes.

From there, the DACA recipient can adjust their status to become a permanent resident and eventually apply for citizenship. This process can be daunting and complex, but with the help of an experienced immigration lawyer, it can be navigated successfully.

It is important to note that every case is unique and there may be additional obstacles or factors involved in the process. It is crucial to thoroughly consult with an immigration lawyer to determine if this path is right for an individual’s specific situation.

Overall, while there are challenges and potential roadblocks, it is possible for a DACA recipient to obtain a green card through marriage. By understanding the requirements and

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Kelsey Garrison

Kelsey Garrison, our esteemed author and a passionate writer in the world of weddings and bridal fashion, has been an integral part of our website since its inception.

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