Can DACA Recipients Get a Green Card? The Path to Permanent Residency Explained

Deferred Action for Childhood Arrivals (DACA) has been a beacon of hope for many young people who arrived in the United States as children. Through DACA, they’ve been granted the opportunity to stay, work, and live without fear of deportation. However, a lingering question for many Dreamers (DACA recipients) is: Can DACA recipients get a green card?  While DACA itself does not provide a direct route to permanent residency, it is not an impossible dream. The path from DACA to a green card requires navigating a series of legal steps and utilizing specific eligibility pathways. In this article, we will explore how DACA recipients can transition to a green card, detailing the available options, challenges, and how to go about achieving permanent residency in the U.S.

Can DACA Recipients Get a Green Card?

Yes, DACA recipients can potentially transition to a green card. However, this does not happen automatically. DACA provides temporary relief from deportation and grants work permits, but it does not offer permanent residency. To move from DACA status to a green card, recipients must go through formal legal processes—most commonly through family-based sponsorship, employment-based petitions, or other specific immigration routes.

Family-Based Green Card Options for DACA Recipients

For many DACA recipients, the most viable path to permanent residency lies within their families. If you have a U.S. citizen or permanent resident family law member, they can sponsor you for a green card. However, the process differs based on the relationship between the applicant and the sponsor.

Types of Family-Based Green Cards:

• Immediate Relative Visas: These are available for spouses, children under 21, and parents of U.S. citizens. They are the fastest route to a green card because they are not subject to annual caps on the number of visas available.

• Family Preference Visas: This category is for siblings of U.S. citizens, adult children of U.S. citizens, and spouses and children of permanent residents. These categories can have long waiting periods due to high demand.

Challenges in Family-Based Sponsorship:

One of the main obstacles for DACA recipients in family-based applications is their unauthorized entry into the U.S. If a DACA recipient entered without inspection, they may face hurdles in applying for a green card. In these cases, a waiver of inadmissibility may be required, which can be a lengthy and complex process. This is where professional legal guidance becomes indispensable.

Employment-Based Green Cards: A Viable Alternative

Another option for DACA recipients seeking a green card is through an employment-based green card. This requires a U.S. employer to sponsor the individual for permanent residency. Employment-based green cards are available to those who possess in-demand skills, education, or professional expertise that the U.S. labor market needs.

Types of Employment-Based Green Cards:

• EB-1 (Priority Workers): For individuals with extraordinary abilities in arts, sciences, business, or athletics. This category also includes multinational executives and managers.

• EB-2 (Advanced Degree Professionals and Exceptional Abilities): For professionals with advanced degrees or individuals with exceptional abilities in their fields.

• EB-3 (Skilled Workers and Other Workers): This category includes skilled workers with at least two years of experience, professionals with a bachelor’s degree, and other workers filling essential labor needs.

Steps to Obtain an Employment-Based Green Card:

• Secure a Job Offer: The first step is to get a job offer from a U.S. employer who is willing to sponsor the DACA recipient.

• Labor Certification: The employer must obtain certification from the Department of Labor, demonstrating there are no qualified U.S. workers available for the position.

• Petition for Immigrant Worker: The employer files a petition with USCIS to begin the green card process.

• Approval and Application for Green Card: If the petition is approved, the individual can apply for permanent residency.

Adjustment of Status vs. Consular Processing

For DACA recipients who wish to transition to a green card, two options are available: Adjustment of Status (AOS) and Consular Processing.

• Adjustment of Status (AOS): DACA recipients who are in the U.S. and eligible for a green card can apply for AOS. This allows them to remain in the U.S. during the green card process, avoiding the need to leave the country.

• Consular Processing: DACA recipients who are outside the U.S. or who cannot adjust their status while in the country must apply for a green card through consular processing at a U.S. embassy or consulate in their home country.

Common Challenges in the Green Card Process

While the pathways to a green card for DACA recipients are clear, they are not without significant obstacles.

Key Challenges:

• Legal Hurdles: DACA recipients who entered the U.S. unlawfully may need to apply for a waiver of inadmissibility before they can apply for a green card. This process can be lengthy, and it requires overcoming legal barriers.

• Long Processing Times: Both family-based and employment-based green card applications can take years to process, depending on the applicant’s country of origin and the specific visa category.

• Limited Options Without a Sponsor: DACA recipients who do not have a qualifying family member or employer to sponsor them for a green card face limited opportunities for permanent residency.

FAQs

Q. Can DACA recipients apply for a green card if they are married to a U.S. citizen?

A. Yes, marriage to a U.S. citizen is one of the most common ways for DACA recipients to apply for a green card. The U.S. citizen spouse can sponsor the DACA recipient for permanent residency.

Q. Do DACA recipients need to leave the U.S. to apply for a green card?

A. DACA recipients may not need to leave the U.S. if they are eligible for Adjustment of Status. If not, they may need to go through consular processing, which involves applying from abroad.

Q. What is the average wait time for DACA recipients to receive a green card?

A. The wait time can vary greatly depending on the type of application and the applicant’s circumstances. It can range from several months to several years.

Q. Can DACA recipients apply for a green card if they entered the U.S. without inspection?

A. Yes, but they may need to apply for a waiver of inadmissibility. This process can add complexity and delay to the application process.

Q. What are the main obstacles DACA recipients face when applying for a green card?

A. DACA recipients may face legal issues due to unauthorized entry, long wait times for family-based or employment-based green cards, and limited options without a sponsor.

Conclusion

DACA recipients may have the opportunity to transition from temporary relief to permanent residency, but the process is filled with challenges. Whether through family sponsorship, employment opportunities, or other legal avenues, there are paths available to a green card. However, overcoming the legal obstacles and long processing times can be difficult. Seeking expert advice from an immigration attorney can significantly improve the chances of success and ensure that the process is as smooth as possible.