For many individuals under the Deferred Action for Childhood Arrivals (DACA) program, the possibility of applying for U.S. citizenship is a crucial question. The DACA program, designed to protect undocumented individuals who arrived in the U.S. as children, has provided temporary relief from deportation and work authorization. However, the question remains: can daca recipients apply for citizenship? This article will explore the eligibility criteria, the potential pathways, and what DACA recipients need to know if they want to pursue citizenship.

Can DACA Recipients Apply for U.S. Citizenship?

While DACA offers temporary relief from deportation, it does not provide a direct path to citizenship. DACA recipients do not hold legal permanent resident (LPR) status, which is a necessary requirement for applying for U.S. citizenship. However, there are routes through which DACA recipients can eventually apply for citizenship.

Adjustment of Status through Marriage or Family Sponsorship

Adjustment of Status through marriage or family sponsorship allows DACA recipients to transition to legal permanent residency (green card) by being sponsored by a U.S. citizen or legal permanent resident. This process involves applying for a green card based on family relationships, such as marriage, and can eventually lead to U.S. citizenship after fulfilling residency requirements.

Employment-Based Green Card

An Employment-Based Green Card allows DACA recipients to obtain legal permanent residency through employment. This process involves securing a job with an eligible employer who can sponsor the individual for a green card. Once granted, the recipient can live and work permanently in the U.S., and after meeting residency requirements, they may apply for U.S. citizenship.

Military Service

Military service offers DACA recipients an expedited path to U.S. citizenship. By serving in the U.S. Armed Forces, DACA recipients may qualify for faster naturalization, bypassing certain green card requirements. This route can significantly shorten the time to citizenship, with some service members eligible to apply for citizenship shortly after completing their service, depending on their status.

Legal Permanent Resident Status (Green Card)

Legal Permanent Resident Status, or a green card, grants DACA recipients the right to live and work permanently in the U.S. This status is a crucial step toward U.S. citizenship. Once obtained, green card holders must meet residency requirements, pass background checks, and fulfill other criteria before applying for citizenship through the naturalization process.

Key Considerations for DACA Recipients Interested in Citizenship

Before pursuing citizenship, DACA recipients should consider these critical factors:

  • No Direct Path to Citizenship: As mentioned, DACA does not provide a direct route to citizenship. It is only a temporary status.

  • Legal Assistance: Navigating the immigration process can be complex, and it is highly advisable for DACA recipients to consult an immigration lawyer before taking any steps toward citizenship.

  • Continuous Legal Status: Maintaining legal status is essential. DACA recipients must renew their status regularly to avoid any gaps in legal authorization.

Pathways to U.S. Citizenship for DACA Recipients: Step by Step

DACA recipients can eventually apply for U.S. citizenship, but they need to follow specific pathways. Here’s a breakdown of the process:

1. Family-Based Immigration

  • Marriage to a U.S. Citizen: If a DACA recipient marries a U.S. citizen, they can apply for a green card through the marriage-based immigration process. After receiving the green card, they can begin the process to apply for citizenship after three years of permanent residency.

  • Family Sponsorship: A U.S. citizen or legal permanent resident relative can sponsor a DACA recipient for a green card. Once they have the green card, the road to citizenship is possible after five years.

2. Employment-Based Green Card

DACA recipients may also apply for a green card through their employer. This process can take several years but eventually leads to legal permanent residency, allowing them to apply for citizenship.

3. Military Service

DACA recipients who serve in the U.S. military have an expedited path to citizenship. They may qualify for citizenship without needing to meet the typical green card residency requirements, allowing for a faster route to citizenship.

4. Achieving Legal Permanent Resident Status

For DACA recipients to apply for citizenship, they first need to achieve legal permanent resident status (i.e., a green card). After obtaining a green card, they can apply for citizenship through naturalization, which typically requires five years of residency.

What Are the Requirements for Naturalization After Obtaining a Green Card?

Once a DACA recipient becomes a legal permanent resident, they can apply for U.S. citizenship through the naturalization process. Some of the key requirements include:

  • Five Years of Permanent Residency: Typically, you must be a legal permanent resident for at least five years before applying for citizenship. If married to a U.S. citizen, the period is shortened to three years.

  • Good Moral Character: Applicants must demonstrate good moral character and pass background checks.

  • English and Civics Test: Applicants must pass an English language and civics test, unless they are exempt due to age or disability.

  • Residency and Physical Presence: Applicants must have lived in the U.S. for at least half of the five years preceding their application.

FAQs

Q: Can DACA recipients apply for citizenship directly?

A: No, DACA recipients cannot directly apply for U.S. citizenship. They must first achieve legal permanent residency through a family or employment-based process.

Q: How can DACA recipients become eligible for a green card?

A: DACA recipients can apply for a green card through family sponsorship, employment, or military service.

Q: What happens if a DACA recipient marries a U.S. citizen?

A: If a DACA recipient marries a U.S. citizen, they can apply for a green card through marriage. After three years of permanent residency, they may apply for citizenship.

Q: Can DACA recipients apply for citizenship without a green card?

A: No, a green card is required to apply for citizenship through naturalization. DACA recipients must first adjust their status to legal permanent resident.

Q: How long does it take for DACA recipients to get a green card?

A: The timeline varies, but it can take several months or years depending on the pathway (family, employment, or military service).

Q: Can military service help DACA recipients gain citizenship?

A: Yes, serving in the U.S. military can expedite the process for DACA recipients to obtain citizenship, often without requiring the typical green card residency period.

Conclusion

While DACA recipients do not have a direct path to U.S. citizenship, they do have options. The journey to citizenship for DACA recipients involves transitioning from temporary protected status to legal permanent residency, and eventually, applying for citizenship. Exploring family, employment, or military pathways can provide the necessary steps toward achieving U.S. citizenship.