Unlocking the Path to Citizenship: How Marriage Can Impact Daca Recipients

In recent years, the immigration debate has taken center stage in the United States. Among the many groups affected by changing policies, one that often gets overlooked is the Deferred Action for Childhood Arrivals (DACA) recipients. These young individuals, often referred to as Dreamers, have been granted temporary protection from deportation and permission to work in the US. However, as their status remains uncertain, many DACA recipients are looking for alternative paths to secure permanent residency and potentially citizenship. One option that has garnered attention is marriage. But can DACA recipients really obtain citizenship through marriage? In this article, we will explore this question and shed light on the process and requirements for Dreamers looking to tie the knot and gain a path towards citizenship in America.

What is DACA and Who are its Recipients?

DACA, or Deferred Action for Childhood Arrivals, is a program introduced by the Obama administration in 2012 to protect individuals who were brought into the United States as children without proper documentation. These individuals, known as Dreamers, were eligible for a two-year renewable period of deferred action from deportation and work authorization. This allowed them to live and work in the US without fear of being separated from their families.

To be eligible for DACA, recipients had to have arrived in the US before their 16th birthday and continuously resided in the country since June 15, 2007. They also had to be enrolled in or have graduated from high school or college and have no criminal record. As of June 2020, there were approximately 649,070 active DACA recipients.

Can DACA Recipients Obtain Citizenship Through Marriage?

The short answer is yes, but it may not be as simple as it sounds. Marriage to a US citizen does grant a pathway to citizenship for immigrants, but it’s not automatic. It requires following specific steps and meeting certain criteria.

DACA recipients who wish to obtain citizenship through marriage must first ensure that they meet all the eligibility requirements for marriage-based immigration. These include being at least 18 years old, having a valid marriage with a US citizen (either through civil or religious ceremony), and proving that the marriage is legitimate and not entered into solely for immigration purposes.

Once these requirements are met, the next step would be applying for an adjustment of status by filing Form I-485 with USCIS. This application allows an individual with legal status in the US to apply for permanent residency (also known as a green card). However, with current regulations under the Trump administration announcing plans to limit eligibility for green cards based on public charge grounds – i.e., individuals who are deemed likely to become dependent on public benefits – adjusting status for DACA recipients through marriage could be a challenge. As such, it’s crucial to seek the guidance of an immigration attorney before proceeding with this process.

How Does Marriage Affect a DACA Recipient’s Status?

Marriage to a US citizen can have significant implications for a DACA recipient’s immigration status. If the marriage is legitimate and entered into in good faith, then the DACA recipient may qualify for permanent residency (a green card) through their spouse. This would allow them to remain in the US with their spouse and work without the need to renew their work permit every two years.

On the other hand, if the marriage is not legitimate, or if it falls under certain exemptions under US immigration law such as bigamy or fraud, it can jeopardize a DACA recipient’s entire immigration status. This not only includes any existing protections they may have under DACA but also puts them at risk of deportation.

Additionally, marriage to a US citizen may also provide opportunities for DACA recipients to travel outside the US with proper documentation. Spouses of US citizens are eligible for a K-3 nonimmigrant visa or an immigrant visa – depending on whether they are outside or within the US – allowing them to travel and adjust their status once they enter the country.

What Alternatives Do DACA Recipients Have for Obtaining Citizenship?

While marriage is one option for obtaining citizenship for DACA recipients, there are other alternatives that may be available depending on individual circumstances.

For Dreamers who entered the US as children but were not eligible for DACA due to age limitations, applying for asylum or refugee status may be possible options. Asylum allows individuals fleeing persecution in their home country to seek protection and apply for legal permanent resident status after one year in the country. On the other hand, refugees are individuals recognized by USCIS as being unable or unwilling to return to their home country due to persecution or a well-founded fear of it. Refugees can apply for permanent residency after one year in the US as well.

Another option is employment-based immigration. DACA recipients who have higher education qualifications or special skills in certain fields may be eligible for temporary employment visas, such as the H-1B visa, which can lead to permanent residence and eventually citizenship.

Ultimately, the best course of action for DACA recipients seeking a path to citizenship is to seek the guidance of an experienced immigration attorney who can assess their individual situation and provide personalized advice and guidance on the best available options.

Understanding DACA

DACA, or Deferred Action for Childhood Arrivals, is an immigration policy enacted in 2012 under the Obama administration. It allows certain undocumented individuals who came to the United States as children to receive protection from deportation and work authorization for a renewable period of two years. To be eligible for DACA, applicants must meet strict criteria including entering the US before their 16th birthday, being under the age of 31 as of June 15, 2012, and continuously residing in the US since June 15, 2007.

DACA provides temporary relief for individuals who were brought to the US as children without legal status. It does not provide a path to citizenship or permanent legal status. However, there have been recent discussions about potentially offering a pathway to citizenship for DACA recipients through marriage.

The Power of Marriage in Immigration

Marriage holds significant weight in the US immigration system. When a US citizen marries an individual from another country, they can petition for their spouse to obtain legal permanent resident status (green card) through marriage.

Under current immigration law, individuals who entered the country without inspection (such as crossing the border illegally) are not eligible to adjust their status through marriage. However, there have been exceptions made for certain cases such as those who entered with a visa but overstayed their time or those who were granted asylum. So what about DACA recipients? Can they obtain citizenship through marriage?

The Current State of DACA Recipients’ Eligibility for Marriage-based Green Cards

One of the main requirements for obtaining a green card through marriage is that both parties must be legally present in the US at the time of filing. As mentioned earlier, this poses an issue for DACA recipients as they are technically considered unlawfully present.

However, on July 28th, 2020, a federal judge ruled that USCIS must fully reinstate DACA to its 2012 form, allowing new applications to be accepted. This means that individuals who meet the eligibility requirements, including those who are currently unlawfully present, can now apply for DACA and potentially be eligible for a green card through marriage.

The Importance of Timing

While this ruling is a major victory for the immigration community, it is important to note that it is still subject to appeal. If the US government decides to file an appeal and the courts side with them, this could put DACA recipients back in limbo. Therefore, it is crucial for those who are eligible to act quickly and consult with an immigration attorney as soon as possible.

Additionally, timing is important when it comes to marriage-based green cards. A valid marriage between a US citizen and DACA recipient must have taken place before the individual’s last entry into the US. If the marriage occurs after their last entry, they may be subject to a three or ten-year bar from re-entering the country. The length of the bar depends on how long they have been unlawfully present in the US.

What Happens If DACA Is Rescinded Again?

As mentioned earlier, there is still a possibility of DACA being rescinded again. In that unfortunate scenario, individuals with pending green card applications through marriage may face challenges in obtaining permanent residency. However, there are a few options available in case of such an event.

Firstly, if an individual’s green card application has already been approved but they have not yet received their green card due to USCIS processing delays or other reasons outside of their control (such as COVID-19), they may be able to file for a humanitarian parole as a temporary solution until they can obtain their permanent residency status.

Secondly, there is also an option for those with pending green card applications through marriage to apply for an Employment Authorization Document (EAD) under the category of “C14” deferred action. This would allow them to continue working and living in the US while they wait for further developments on their case.

The Role of Congress

While the recent court ruling is promising, it is important to note that it does not provide a permanent solution for DACA recipients. The only lasting solution would be for Congress to pass legislation that provides a pathway to citizenship for DACA recipients. However, this has been a contentious political issue with no clear resolution in sight.

In June 2019, the House of Representatives passed the American Dream and Promise Act which provides a pathway to citizenship for not only DACA recipients but also Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) holders. However, the bill has yet to be passed in the Senate.

In conclusion, while there is currently potential for DACA recipients to obtain citizenship through marriage, it is important to act quickly and seek legal counsel in case of any potential changes or appeals to the recent court ruling. Ultimately, a permanent solution can only be guaranteed through congressional action.

1. Can DACA recipients who are married to US citizens apply for citizenship through marriage?

Answer: Yes, DACA recipients who are married to US citizens can apply for citizenship through marriage. They may be eligible for a green card if they were inspected and admitted to the US, even if they are currently in unlawful status due to their DACA expiration.

2. Do DACA recipients need to meet any additional requirements to apply for citizenship through marriage?

Answer: Yes, in addition to being married to a US citizen, DACA recipients seeking citizenship through marriage must also meet all other eligibility requirements for naturalization. This includes having a valid green card, being at least 18 years old, and meeting the residency and good moral character requirements.

3. Can DACA recipients with deportation orders still apply for citizenship through marriage?

Answer: It depends. If the deportation order was issued before the individual’s last entry into the US or if they have been granted voluntary departure before April 1st, 1997, they may be eligible for a waiver of the order in order to apply for a green card and eventual citizenship through marriage.

4. Will previous use of DACA affect eligibility for citizenship through marriage?

Answer: No, previous use of DACA will not affect an individual’s eligibility for citizenship through marriage as long as they meet all other requirements and have not violated any laws or immigration regulations.

5. What happens if a DACA recipient’s work authorization expires during the application process for citizenship through marriage?

Answer: If a DACA recipient’s work authorization expires during the application process, they should file a request for renewal immediately. USCIS may grant employment authorization while their application is pending.

6. Are there any exceptions or special considerations for military members who are DACA recipients seeking citizenship through marriage?

Answer: Yes, certain military members and their spouses may be eligible for expedited citizenship through marriage. DACA recipients who are current or former members of the US armed forces, including those with a final order of removal, may be eligible for naturalization under a special provision.

In conclusion, the question of whether DACA recipients can obtain citizenship through marriage is a complex and multifaceted issue that is impacted by numerous factors. While there is no clear answer to this question, it is important to understand the current limitations and challenges faced by DACA recipients in their pursuit of citizenship.

As discussed, DACA recipients face numerous barriers to achieving permanent residency and ultimately citizenship, including the uncertainty of the program’s future, restrictive immigration policies, and the long backlog of visa applications. While marriage to a US citizen may provide a potential pathway to citizenship, it is not a guaranteed solution due to various factors such as eligibility requirements, immigration status of the spouse, financial stability, and other legal considerations.

Additionally, it is crucial to recognize that DACA recipients are an integral part of American society and have been contributing positively in various fields such as education, healthcare, and entrepreneurship. They deserve a fair opportunity to obtain legal status and fully integrate into our society.

Furthermore, this issue highlights the need for comprehensive immigration reform that addresses the current flaws in our system and provides a path to citizenship for undocumented individuals. It is essential for lawmakers to recognize the contributions of DACA recipients and take action towards creating a more inclusive and accessible pathway to citizenship.

In conclusion, while marriage may present some potential avenues for