For many individuals with DACA (Deferred Action for Childhood Arrivals), the path to a green card can seem unclear. One common question is whether a DACA recipient can get a green card through their parents. While DACA offers temporary protection from deportation and the ability to work legally in the U.S., it doesn’t directly provide a path to permanent residency. However, in some cases, a DACA recipient may be able to adjust their status through a U.S. citizen or permanent resident parent. This article will explore the eligibility requirements, challenges, and steps involved in getting a green card through parents.

Understanding DACA and Its Impact on Green Card Eligibility

Before considering how a DACA recipient can apply for a green card through their parents, it’s essential to understand what DACA is and how it influences their ability to become a permanent resident. DACA provides temporary protection from deportation, but it does not grant lawful permanent residency or a direct pathway to a green card. Understanding the implications of DACA status is the first step toward evaluating potential routes to permanent residency.

What Is DACA?

DACA stands for Deferred Action for Childhood Arrivals. It is a program that offers temporary protection to undocumented individuals who came to the U.S. as children. While DACA recipients are not permanent residents, they are allowed to work legally in the U.S. and avoid deportation.

DACA’s Impact on Green Card Eligibility

Although DACA offers temporary relief, it doesn’t automatically qualify a recipient for a green card. However, DACA recipients may still be able to apply for a green card through other means, such as family law-based immigration.

Can a DACA Recipient Get a Green Card Through Parents?

DACA recipients may have the opportunity to obtain a green card if they have a U.S. citizen or lawful permanent resident parent. However, several important factors must be considered before moving forward with this process.

Eligibility for a Green Card Through Parents

A U.S. citizen or legal permanent resident parent can petition for their child’s green card, but the DACA recipient must meet certain conditions. If the child is under 21 and unmarried, they can typically qualify for a green card through their parent’s sponsorship.

Legal Requirements for Sponsorship

To apply for a green card through a parent, the DACA recipient must meet the following criteria:

  • The parent must be a U.S. citizen or lawful permanent resident.
  • The DACA recipient must be eligible to adjust their status in the U.S. or go through consular processing.

Overcoming Challenges: Waivers and Legal Barriers

Many DACA recipients face challenges when applying for a green card through their parents, especially if they have entered the U.S. unlawfully or overstayed their visa. In such cases, a waiver of inadmissibility may be necessary.

What Is a Waiver of Inadmissibility?

A waiver is a legal exception that allows individuals who have violated immigration laws (such as overstaying a visa or entering unlawfully) to apply for a green card. It typically requires the DACA recipient to prove that denying their green card would cause significant hardship to their U.S. citizen or permanent resident parent.

The Importance of Legal Counsel

Navigating waivers and other legal issues can be complex, making it important for DACA recipients to seek advice from an experienced immigration lawyer. Legal counsel can help evaluate the best options and guide the recipient through the process.

The Green Card Process for DACA Recipients

The process of applying for a green card through a parent involves multiple steps, which can vary depending on whether the DACA recipient is already in the U.S. or is applying from abroad.

Steps to Apply for a Green Card Through Parents

  • File Form I-130: The U.S. citizen or permanent resident parent must file Form I-130 to establish the familial relationship.
  • Apply for Adjustment of Status (Form I-485): If the DACA recipient is in the U.S., they can apply to adjust their status to that of a lawful permanent resident.
  • Consular Processing: If the DACA recipient is outside the U.S., they must go through consular processing to obtain their green card.

Important Considerations

  • Visa Availability: If the parent is a U.S. citizen, the child may be immediately eligible for a green card. However, if the parent is a permanent resident, there may be a waiting period due to annual visa limits.
  • Proving Eligibility: DACA recipients must prove that they qualify for a green card through their parent’s petition, including meeting requirements for lawful entry or obtaining a waiver.

FAQs

Q. Can a DACA recipient apply for a green card through their U.S. citizen parent?

A. Yes, a DACA recipient can apply for a green card through their U.S. citizen parent, provided they meet the eligibility requirements, such as proving the familial relationship and legal entry status.

Q. What if a DACA recipient entered the U.S. illegally?

A. If a DACA recipient entered the U.S. illegally, they may need to apply for a waiver of inadmissibility to overcome the violation and proceed with their green card application.

Q. How long does it take for a DACA recipient to get a green card through a parent?

A. The timeline can vary, but the process typically takes several months to years, depending on factors such as the type of petition, whether the applicant is in the U.S. or abroad, and whether any waivers are required.

Q. Can a DACA recipient apply for a green card if they are over 21?

A. If a DACA recipient is over 21, they may still be eligible for a green card, but the process may differ depending on their parent’s status. The waiting period may be longer if the parent is a permanent resident.

Q. Is it necessary to hire an immigration lawyer to apply for a green card?

A. While not required, hiring an immigration lawyer is strongly recommended. They can help navigate complex legal issues, such as applying for waivers and proving eligibility.

Q. Can a DACA recipient obtain a green card through a parent if the parent is a permanent resident?

A. Yes, a DACA recipient can apply for a green card through a permanent resident parent, but they may have to wait for an available visa, as there are annual caps on green cards for children of permanent residents.

Conclusion

While the process can be challenging and lengthy, a DACA recipient may indeed have a pathway to a green card through their parent’s sponsorship. By meeting specific legal criteria and overcoming obstacles such as unlawful entry or visa overstays, many DACA recipients can secure permanent residency. It’s crucial to understand the detailed steps involved, and to seek legal counsel to navigate the complexities of immigration law. The road to a green card may be long, but it is possible for those with DACA status who have a U.S. citizen or lawful permanent resident parent to eventually become permanent residents.