For individuals living under the DACA (Deferred Action for Childhood Arrivals) program, the pursuit of a Green Card is often a dream that feels out of reach. DACA provides temporary relief from deportation and work authorization, but it does not offer a direct path to permanent residency in the United States. However, the question remains: Can DACA recipients apply for a Green Card? The answer is yes, but it depends on several factors, including your entry into the U.S., your relationships, and the type of immigration petition you are pursuing. In this comprehensive guide, we will break down the different pathways available for DACA recipients to obtain a Green Card, the challenges they might face, and the most important factors to consider in the process.

Understanding DACA and Green Card Eligibility

What is DACA?

DACA, introduced in 2012, offers temporary protection from deportation to undocumented immigrants who came to the U.S. as children. While it provides a work permit and protection from deportation, it does not grant lawful permanent resident (LPR) status, which is required to obtain a Green Card. DACA does not, by itself, provide a pathway to citizenship or a Green Card.

How Can DACA Affect Green Card Eligibility?

Though DACA doesn’t provide permanent legal status, it doesn’t necessarily exclude individuals from applying for a Green Card. However, several factors need to be considered, such as how you entered the U.S., whether you have family ties to U.S. citizens or lawful permanent residents, and whether you meet the requirements for employment-based Green Cards.

Can DACA Recipients Apply for a Green Card?

Pathway Through Family-Based Immigration

One of the most common ways for DACA recipients to apply for a Green Card is through family-based immigration. If a DACA recipient has a U.S. citizen spouse or parent, they may be eligible for a Green Card.

Marriage to a U.S. Citizen

DACA recipients who are married to a U.S. citizen can apply for a Green Card through the process known as “adjustment of status.” However, if the DACA recipient entered the U.S. without inspection (illegally), they may face challenges. In this case, the applicant may need to apply for a waiver of unlawful presence, which can be complicated and time-consuming.

Immediate Relatives of U.S. Citizens

DACA recipients who are children or siblings of U.S. citizens or permanent residents may also be eligible for a Green Card. However, processing times can vary depending on the family relationship and the visa category.

Employment-Based Green Card Options

DACA recipients who have a job offer from a U.S. employer may also pursue a Green Card through employment-based immigration.

Employer Sponsorship

If a U.S. employer is willing to sponsor a DACA recipient, the individual may apply for a Green Card through an employment law-based petition. The employer will need to demonstrate that there are no qualified U.S. workers for the position, which can be a lengthy and expensive process.

B Visa to Green Card

For DACA recipients already holding an H-1B visa (a non-immigrant work visa), the transition to a Green Card is possible if the employer sponsors them. However, this pathway can take several years, especially given the annual cap on Green Cards in certain categories.

Humanitarian Relief or Special Programs

Some DACA recipients may be eligible for a Green Card through humanitarian relief programs, such as asylum or through the Diversity Visa Lottery.

Asylum

If a DACA recipient is granted asylum, they may apply for a Green Card one year after receiving asylum status. This is available for those who can prove that they fear persecution in their home country due to reasons such as race, religion, or political affiliation.

Diversity Visa Lottery

DACA recipients from countries with low rates of immigration to the U.S. may be eligible to apply for the Diversity Visa Lottery, which offers 50,000 visas annually to individuals from underrepresented countries.

Challenges DACA Recipients Face in Green Card Applications

The Issue of Unlawful Presence and Waivers

One of the primary challenges for DACA recipients is the issue of unlawful entry. If a DACA recipient entered the U.S. without inspection (illegally), they may be required to leave the U.S. to apply for a Green Card through consular processing. This is a major hurdle, as leaving the country can trigger a ban on re-entry for several years. In such cases, a waiver of unlawful presence may be necessary to proceed with the Green Card application.

Complexity of the Immigration Process

The Green Card application process can be complicated for DACA recipients due to the need for waivers, potential delays in processing, and the need for extensive documentation. Additionally, navigating the legal aspects of adjusting status or applying for a Green Card through family or employment sponsorship requires a clear understanding of U.S. immigration law.

Role of Immigration Lawyers in the Process

Given the complexities involved in applying for a Green Card, it is highly advisable for DACA recipients to consult with an experienced immigration lawyer. Legal professionals can help DACA holders understand their specific situation, explore their options, and guide them through the process. Attorneys can also assist with filing waivers, managing family petitions, and addressing any issues that may arise during the application process.

FAQs

Q. Can DACA recipients apply for a Green Card through marriage to a U.S. citizen?

A. Yes, DACA recipients who are married to U.S. citizens may apply for a Green Card through adjustment of status. However, if they entered the U.S. unlawfully, they may need to apply for a waiver of unlawful presence.

Q. How long does the Green Card process take for DACA recipients?

A. The time frame varies. Family-based Green Cards can take a few months to several years depending on the specific circumstances. Employment-based Green Cards may take longer due to annual caps and quota limits.

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

A. DACA recipients who entered the U.S. without inspection may need to leave the U.S. to apply for a Green Card through consular processing. They may also need to apply for a waiver of unlawful presence.

Q. Can a DACA recipient apply for a Green Card through employment?

A. Yes, DACA recipients with a job offer from a U.S. employer can apply for a Green Card through an employment-based petition. The employer will need to sponsor the applicant, and the process may take several years.

Q. Are there any other ways for DACA recipients to get a Green Card?

A. Yes, some DACA recipients may qualify for a Green Card through programs like asylum or the Diversity Visa Lottery. These pathways depend on the recipient’s individual circumstances.

Conclusion

While DACA recipients are not automatically granted a Green Card, there are several pathways to permanent residency. From family law-based immigration to employment opportunities and humanitarian programs, DACA holders have options available to them. However, the process can be complex and requires careful attention to detail. Consulting an immigration lawyer can help DACA recipients navigate this intricate process and increase their chances of success. By staying informed and understanding your rights and options, you can move closer to achieving the goal of permanent residency in the United States.