DACA (Deferred Action for Childhood Arrivals) recipients, often known as Dreamers, have faced uncertainty regarding their immigration status in the United States. One of the most frequently asked questions is whether a DACA recipient can obtain a green card. A green card grants permanent residency, which can open doors to numerous benefits, including the ability to work legally, access healthcare, and travel internationally. However, the path to a green card is complex and can be impacted by several factors, such as the individual’s current legal status and any prior immigration violations. In this article, we will explore whether a DACA recipient can get a green card and the specific routes available for them to achieve legal permanent residency.

Can a DACA Recipient Get a Green Card?

DACA recipients may face significant challenges in their pursuit of a green card, but it is not impossible. The eligibility for a green card is typically determined by family connections, employment, refugee status, or other forms of lawful entry into the U.S. While DACA itself does not grant a direct pathway to permanent residency, several options could potentially allow a DACA recipient to apply for a green card.

Paths to a Green Card for DACA Recipients

There are a few potential pathways that a DACA recipient can explore to obtain a green card:

1. Family-Based Green Card

A common route for many immigrants is through a family member who is a U.S. citizen or a lawful permanent resident. Family members can sponsor a DACA recipient for a green card through petitions based on relationships such as:

  • Spouse (U.S. citizen)

  • Parent (U.S. citizen)

  • Sibling (U.S. citizen)

In this case, the DACA recipient must have entered the U.S. legally (or with lawful status) to qualify for adjustment of status. If the recipient does not meet these requirements, they may face additional hurdles.

2. Employment-Based Green Card

Another option for DACA recipients is securing an employment-based green card. This typically requires a U.S. employer to sponsor the applicant. However, DACA recipients who entered unlawfully into the U.S. may face challenges here as well. The applicant would need to have been working legally under DACA to be eligible for this process.

3. Adjustment of Status through a U.S. Citizen Spouse

If a DACA recipient marries a U.S. citizen, they may be able to adjust their status to that of a lawful permanent resident. If they have entered the country unlawfully, the spouse can still apply for a waiver for the unlawful entry, provided the applicant meets specific requirements.

4. Special Programs and Legal Exceptions

In some cases, DACA recipients may qualify for a green card under special programs like the Violence Against Women Act (VAWA) or under the Diversity Visa Lottery. These programs may be particularly relevant for individuals who face particular circumstances.

Challenges DACA Recipients Face in Pursuing a Green Card

While there are pathways for DACA recipients to obtain a green card, several challenges make the process difficult:

  • Unlawful Entry: If a DACA recipient entered the U.S. without inspection, they may face difficulties adjusting their status.

  • Ineligibility for Adjustment of Status: Certain visa holders or immigrants may be ineligible to apply for a green card based on their prior status or illegal entry.

  • Changing Legislation: The status of DACA and the policies surrounding it are subject to change, which can create uncertainty for recipients looking to gain legal permanent residency.

Conclusion

While DACA recipients face unique challenges when it comes to obtaining a green card, it is not impossible. With the right legal guidance and understanding of the different pathways, DACA recipients can pursue permanent residency in the U.S. Whether through family sponsorship, employment opportunities, or other special programs, each situation is different. DACA recipients should stay informed about the changing immigration policies and consult with immigration attorneys to explore their options and improve their chances of obtaining a green card.

FAQs

Can a DACA recipient apply for a green card without leaving the U.S.?

Yes, depending on the circumstances, such as if they have entered the U.S. legally, a DACA recipient may be able to adjust status without leaving the country.

What is the process for a DACA recipient to apply for a green card through marriage?

A DACA recipient married to a U.S. citizen can apply for a green card. They may need to apply for a waiver if they entered unlawfully into the U.S.

Can a DACA recipient apply for a green card through employment?

Yes, but the employer must be willing to sponsor the DACA recipient for a green card. This is more challenging if the recipient entered unlawfully into the U.S.

Can DACA recipients use the Diversity Visa Lottery to get a green card?

DACA recipients are eligible to apply for the Diversity Visa Lottery, although selection is based on random drawing and specific eligibility requirements.

Are there any other programs that might allow a DACA recipient to get a green card?

Yes, certain programs, such as the Violence Against Women Act (VAWA) or other special humanitarian programs, may allow DACA recipients to apply for a green card in specific situations.