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Deferred Action for Childhood Arrivals, or DACA, is a federal immigration policy that offers temporary protection from deportation for some undocumented immigrants who were brought to the United States as children. However, while the program offers temporary protection of two years to stay in the U.S, many wonder if there is a viable pathway to receive a green card, or permanent residency. While DACA status does not come with a green card, DACA recipients can apply for a green card through several possible legal routes.
DACA Individuals Do Not Receive a Green Card
Many undocumented immigrants, including children, enter into the United States each year. For many of these children, America is truly the only home they can remember. DACA provides a way for these individuals to obtain a social security number, obtain employment, open a bank account, and go to school. Most importantly, DACA allows these people to avoid being deported and continue to live in the United States.
DACA, however, does not give a person U.S. citizenship, nor does it come with a green card. It will simply defer deportation proceedings temporarily. After the two year time period, one must renew their DACA status or risk being deported. With a green card, or permanent residency card, a person can legally remain in the United States for the rest of their life without fear of removal.
Green Card Options for DACA
A DACA recipient can apply for a green card, however, they must follow the right path to successfully obtain it. Although the process for DACA recipients to obtain a green card can be complex, it is certainly attainable through various legal ways. Some options to apply for a green card with DACA include by sponsorship through marriage, family, employment, or even self-sponsored petitions.
Marriage-based green card
If you are a DACA recipient and marry a U.S. citizen, then you could apply for a marriage-based green card. In this type of application, the requirements for a DACA holder are the same as anyone else seeking a marriage-based card. To qualify, the couple must prove that the marriage is illegitimate and was entered in good faith. You must prove a bona fide union by submitting evidence supporting a true relationship. Unfortunately, many fake marriages are made in the hopes of duping immigration into a green card. If someone is caught committing marriage fraud, their application will be denied and criminal charges or deportation proceedings may commence.
Family member sponsorship
DACA recipients who are the immediate relative of a U.S. citizen or permanent resident can apply for a green card by having the relative as a sponsor. Examples of an immediate family member include parents, siblings, and children (if they are age 21 and over).
Employment Sponsorship
Another option for some DACA recipients is through employment-based immigration. This pathway requires a sponsorship from a U.S. employer and is typically only available to workers with advanced skills in specific industries that make them highly desirable to keep in the U.S.
Self-Sponsor
A person may also apply for a self-sponsored petition for a green card. This is a very tricky option, as the applicant must show that their work is of a unique and particular value to the United States.
Choose CoxEsq, P.C. for Effective Immigration Representation
A DACA recipient can apply for a green card, however, it is a complicated process. As such, if you or a loved one is a DACA recipient looking for a green card, then you must take the application process seriously in order to have a chance at success. It is crucial to always have the right immigration lawyer by your side at every step of the way. Luckily, at CoxEsq PC, our dedicated immigration attorneys fight for the best possible outcome for every immigration case we retain. Contact us now for help on your immigration case and to secure your future in the U.S.