Unlocking the Path to Citizenship: How Can DACA Recipients Obtain It Through Marriage?

In the United States, there are over 700,000 individuals who have been granted protection through the Deferred Action for Childhood Arrivals (DACA) program. However, despite being allowed to temporarily live and work in the country, these individuals still face uncertainty about their future. One aspect that has been a topic of discussion is whether DACA recipients can obtain citizenship through marriage. This question raises multiple issues and complexities that warrant a closer examination. In this article, we will delve into the legal and practical considerations surrounding this matter and explore the potential paths for DACA recipients to become U.S. citizens by marriage. Let’s dive in and unravel this timely and important topic together.

‘What is DACA and can holders become citizens through marriage?’

DACA (Deferred Action for Childhood Arrivals) was an immigration program that was implemented in 2012 by President Obama to protect eligible individuals who came to the United States as children from deportation. This program allowed individuals who met certain requirements to receive renewable temporary protection from deportation and be eligible for a work permit.

Unfortunately, in 2017, the Trump administration announced that they would be rescinding the DACA program, leaving over 700,000 young immigrants with uncertainty about their future. However, in 2020, the Supreme Court ruled that the Trump administration’s actions were unlawful and reinstated the program. This decision has brought hope for many DACA recipients who are now wondering if they can become citizens through marriage.

The short answer is yes; it is possible for DACA recipients to become U.S. citizens through marriage. However, there are various factors that one should consider before pursuing this path.

‘What are the eligibility requirements for a DACA recipient to become a citizen through marriage?’

To be eligible to apply for citizenship through marriage as a DACA recipient, you must first meet the following requirements:

1. Be lawfully present in the United States: As a DACA recipient, you must have valid status before getting married and applying for citizenship. This means you must not have any immigration violations or criminal history that could affect your eligibility.

2. Maintain continuous residence in the United States: You must have lived continuously in the country for at least three years before applying for citizenship.

3. Be married to a U.S citizen: To be eligible for citizenship through marriage, you must be married to a U.S citizen who has been your spouse for at least three years before filing your application.

4. Demonstrate good moral character: USCIS will review your moral character based on your background check and any personal interviews. It is essential to have a clean record and no history of criminal activity or immigration violations.

5. Meet physical presence requirements: You must have been physically present in the United States for at least 18 months within the three years before filing your application for citizenship.

6. Be proficient in English: As part of the citizenship process, you will be required to take an English test to demonstrate your proficiency in the language. However, there are exemptions for those who are unable to meet this requirement due to certain circumstances.

‘What documents are required when applying for citizenship through marriage as a DACA recipient?’

When applying for citizenship through marriage as a DACA recipient, you will need to submit various documents to support your application, including:

– Form N-400: This is the Application for Naturalization form that must be completed and submitted with all necessary information and supporting documents.

– Evidence of DACA status: You must provide evidence of your current DACA status, such as your Employment Authorization Document (EAD), I-797 approval notice, or any other documentation from USCIS.

– Proof of being lawfully present in the U.S.: This includes copies of your passport stamps or other relevant immigration documentation that proves you have been living legally in the country.

– Marriage certificate: A certified copy of your marriage certificate must be submitted as evidence that you are legally married to a U.S citizen.

– Proof of spouse’s citizenship: Your spouse will need to provide proof of their U.S citizenship, such as a birth certificate, passport, or naturalization certificate.

– Evidence of continuous residence in the U.S.: This can be demonstrated through documentation such as tax returns, leases or mortgages, school records, or employment records.

‘What is the process of applying for citizenship through marriage as a DACA recipient?’

The process of applying for citizenship through marriage as a DACA recipient is similar to that of any other individual seeking naturalization through marriage. It typically involves the following steps:

1. Determine eligibility: Before beginning the application process, make sure to review the eligibility requirements and ensure you meet all of them.

2. Gather required documents: Collect all the necessary documents to support your application, as listed above.

3. File Form N-400: Complete and submit Form N-400 along with all supporting documents to USCIS.

4. Attend a biometrics appointment: Once your application is received, USCIS will schedule a biometrics appointment for you to provide fingerprints, photograph, and signature for background check purposes.

5. Attend an interview: If everything goes well with your biometrics appointment, USCIS will schedule an interview for you and your spouse at a USCIS office.

6. Take the Oath of Allegiance: Upon successful completion of the interview, you will be scheduled to attend a naturalization ceremony where you will take the Oath of Allegiance and officially become a U.S citizen.

‘What are some potential challenges DACA recipients may face when applying for citizenship through marriage?’

While it is possible for DACA recipients to become U.S citizens through marriage, there are potential challenges that they may face during this process. These include:

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Understanding the Basics of DACA and Marriage

Before discussing whether or not DACA recipients can become citizens through marriage, it’s important to have a solid understanding of what DACA is and how it pertains to immigration in the United States. DACA stands for Deferred Action for Childhood Arrivals, and it is a policy put in place by the Obama administration in 2012 to protect certain undocumented immigrants who came to the US as children from deportation. These individuals are often referred to as “Dreamers” and they must meet certain requirements in order to be eligible for DACA protection.

One of these requirements is that the individual must have continuously lived in the US since June 15, 2007. Another requirement is that they must have arrived in the US before their 16th birthday. Additionally, they must have been under the age of 31 on June 15, 2012 when the policy was announced. It’s also important to note that DACA protection does not grant a path to citizenship, but it does offer temporary relief from deportation for a set period of time.

Can DACA Recipients Marry US Citizens?

Yes, DACA recipients can legally marry US citizens just like any other individual in the US. There are no restrictions on who foreign-born individuals can marry as long as it is a valid and legal marriage according to state laws. However, marrying a US citizen does not automatically grant citizenship or even legal permanent resident status to someone with DACA protection.

What’s important to note is that if an individual with DACA status marries a US citizen, their spouse may be able to sponsor them for a green card through marriage, which would then lead to obtaining legal permanent resident status. This process takes time and there are specific requirements that must be met before being approved for a green card.

The Role of Marriage in Obtaining Citizenship

While marriage to a US citizen does not automatically grant citizenship to DACA recipients, marriage does play a crucial role in obtaining citizenship for any foreign-born individual. In fact, one of the most common ways to obtain US citizenship is through marriage to a US citizen.

Once an individual with DACA status has obtained their green card through marriage and has held legal permanent resident status for a certain period of time, they may be eligible to apply for US citizenship. This typically requires the individual to have been a legal permanent resident for at least 3 years before being able to apply for citizenship through marriage.

The Path to Citizenship Through Marriage for DACA Recipients

As previously mentioned, marriage alone does not guarantee a path to citizenship for DACA recipients. However, it can serve as the starting point in obtaining legal permanent resident status and eventually citizenship.

Once an individual with DACA status marries a US citizen and is sponsored for a green card, they must continue to meet certain criteria in order to maintain their legal permanent resident status. This includes avoiding any criminal activity and continuously residing in the US.

After holding legal permanent resident status for 3 years (if based on marriage) or 5 years (if based on other means such as employment or family sponsorship), the individual may be eligible to apply for naturalization and become a US citizen. This process involves an application, interview, and passing an English and civics test.

Important Considerations for DACA Recipients

While it may seem like marrying a US citizen is the simplest and fastest way for DACA recipients to obtain citizenship, there are some important considerations that should be taken into account before pursuing this path.

Firstly, individuals with DACA protection must be cautious about marrying solely for immigration purposes. Immigration fraud is taken very seriously by the government and entering into a fraudulent or sham marriage can not only lead to deportation but also criminal charges.

Secondly, it’s important to consider that even if the marriage is legitimate, there may be other factors that could potentially complicate the process of obtaining a green card and citizenship. These factors can include past criminal activity, previous deportation orders, or previous immigration violations.

While DACA recipients can legally marry US citizens, this does not guarantee a path to citizenship. However, marrying a US citizen can serve as a starting point in obtaining legal permanent resident status and eventually citizenship. It’s important for DACA recipients to thoroughly understand the process and any potential obstacles before pursuing marriage as a means of obtaining citizenship. It’s also recommended to seek the guidance of an experienced immigration attorney for assistance throughout the process.

1. Can DACA recipients get a green card through marriage?
Yes, DACA recipients may be eligible to apply for a green card through marriage to a U.S. citizen or permanent resident.

2. What is the process for DACA recipients to obtain a green card through marriage?
The process involves filing Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS).

3. Is there a waiting period for DACA recipients applying for a green card through marriage?
Yes, there is typically a waiting period of at least two years before applying for a green card through marriage as DACA status does not count towards lawful status.

4. Are there any additional requirements for DACA recipients seeking to adjust status based on marriage?
DACA recipients must also demonstrate that they entered the U.S. legally and were inspected by an immigration official before applying for the current status.

5. What happens if the DACA recipient’s spouse is not a U.S. citizen or permanent resident?
In this case, the DACA recipient may still be eligible for a green card but will have to explore other options such as employment-based sponsorship or family sponsorship from another qualifying relative.

6. Can DACA recipients adjust status through marriage if they have previously left the country without advance parole?
No, leaving the country without advance parole after being granted DACA can result in revocation of their status and make them ineligible to adjust status based on marriage.

In conclusion, the process of obtaining citizenship through marriage for DACA recipients is a complex and often challenging journey. While marrying a US citizen can provide a potential path towards citizenship, it is not a guaranteed or straightforward one. DACA recipients must navigate through various legal hurdles and fulfill all requirements set by the United States Citizenship and Immigration Services (USCIS) before being able to obtain citizenship.

Despite the challenges, it is important to recognize that DACA recipients have the same rights and opportunities as any other individual in the United States. They contribute significantly to the country’s economy and society, and their inclusion in the American fabric should be celebrated and supported.

Furthermore, it is crucial to acknowledge that DACA recipients are human beings who deserve respect, dignity, and compassion. The topic of obtaining citizenship through marriage should not be reduced to a mere legal process but should also consider the emotional impact on individuals and their families.

As we reflect on this complex issue, it is essential to remember that immigration status does not define an individual’s worth or potential. Instead of focusing on legal barriers and limitations, we should aim to create a more inclusive society that welcomes diversity and values all individuals, regardless of their immigration status.

In conclusion, while there may be uncertainties around whether DACA recipients can become citizens through marriage, it

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Kelsey Garrison

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