Amelia Blake

Green Card Eligibility for DACA Recipients Through Marriage to U.S. Citizens

If you're a foreign national living in the United States with Deferred Action for Childhood Arrivals (DACA) status, you may have a path to permanent residency through marriage to a U.S. citizen. This process can lead to obtaining a green card, granting you the right to live and work in the U.S. indefinitely. However, there are specific rules and considerations to keep in mind.

Eligibility Requirements:

1. Valid and bona fide marriage to a U.S. citizen
2. Ability to adjust status while remaining in the U.S.
3. Meet general eligibility criteria for a marriage-based green card

Key Considerations for DACA Recipients:

1. Lawful Entry: DACA recipients who entered the U.S. lawfully (with inspection) generally have an easier path to adjustment of status.

2. Unlawful Presence: If you've accrued unlawful presence in the U.S., it may affect your eligibility. However, DACA status often provides protection against accruing unlawful presence.

3. Travel Outside the U.S.: Be cautious about leaving the country. While DACA recipients can travel with advance parole, extended periods outside the U.S. may impact your eligibility.

4. Age Considerations:
- Under 18: Travel restrictions are generally less stringent.
- Over 18: Multiple departures from the U.S. may complicate your ability to return and adjust status.

5. Consular Processing: This may not be a viable option if you have accumulated significant unlawful presence or have a prior removal order.

Important Notes:

- Each case is unique, and immigration laws are complex. It's crucial to consult with an experienced immigration attorney before making any decisions.
- Your attorney can help navigate potential issues related to unlawful presence, travel history, and other factors that may affect your eligibility.
- Be prepared to provide extensive documentation to prove the legitimacy of your marriage and meet other green card requirements.

Remember, while DACA status can complicate the process, it doesn't necessarily prevent you from obtaining a green card through marriage to a U.S. citizen. With proper guidance and careful adherence to immigration laws, many DACA recipients have successfully adjusted their status and become permanent residents.

Disclaimer: This information is for academic and marketing purposes only and should not be considered legal advice. Consult a qualified immigration attorney for specific legal counsel. OpenSphere is a technology company, not a law firm, and is not affiliated with or endorsed by USCIS or any government entity.