DACA, or Deferred Action for Childhood Arrivals, has provided many undocumented individuals who came to the U.S. as children the opportunity to live, work, and study in the country without the fear of deportation. While DACA offers temporary relief, it does not grant permanent residency or a direct path to a green card.

For DACA recipients wondering, “How can DACA get a green card?” it’s essential to understand that while the path is not straightforward, it is definitely achievable. There are multiple legal avenues, including family-based petitions, employment sponsorships, and adjustment of status, that can help individuals transition from temporary protected status to permanent residency. This comprehensive guide explores the various options available to DACA holders, explains eligibility requirements, and highlights critical steps to make the transition to permanent residency as smooth as possible.

Key Pathways for DACA Recipients to Obtain a Green Card

DACA recipients do not automatically qualify for a green card. However, by taking the appropriate legal steps, they can explore several pathways to secure permanent residency. These pathways include family law-based immigration, employment-based petitions, and adjustment of status. Below, we discuss these options in-depth.

Family-Based Green Card Applications

For many DACA recipients, family law-based green card applications present the most viable option for securing permanent residency in the United States. If a DACA holder has a close relative who is a U.S. citizen or a lawful permanent resident, they may be eligible for a green card through family sponsorship.

Immediate Relatives of U.S. Citizens

Immediate relatives of U.S. citizens, such as spouses, children under 21, and parents of U.S. citizens, are prioritized in the green card process. This makes the family-based immigration route quicker and more reliable. For example, a DACA recipient married to a U.S. citizen can apply for permanent residency through their spouse’s petition.

Family Preference Categories

In addition to immediate relatives, DACA recipients may qualify for a green card under the family preference categories if they have relatives who are U.S. lawful permanent residents (LPRs). These categories are subject to longer wait times and include siblings of U.S. citizens and children of LPRs.

Benefits of Family-Based Immigration

A major advantage of family-based immigration is that it provides a structured pathway with predictable processing times for immediate relatives. However, for other family members, wait times can be long, sometimes stretching over several years.

Employment-Based Green Cards

Employment-based green cards offer another potential avenue for DACA recipients to transition to lawful permanent residency. For individuals who are employed or have job offers from U.S. employers, securing an employer-sponsored green card may be the best option.

Employer-Sponsored Green Card

DACA recipients working on temporary visas, such as the H-1B, can apply for a green card if their employer is willing to sponsor them. This typically involves the employer filing a labor certification, followed by the I-140 petition. The most common employment-based green card categories are EB-2 and EB-3, depending on the job qualifications.

EB-2 and EB-3 Categories

The EB-2 category is for individuals with advanced degrees or exceptional abilities, while the EB-3 category is for skilled workers, professionals, and other workers. DACA recipients who fall into these categories may be able to transition from a temporary work visa to permanent residency, provided they meet the required criteria and their employer is willing to sponsor them.

Benefits of Employment-Based Immigration

Employment-based green cards provide a clear path for qualified individuals to stay in the U.S. and eventually gain permanent residency. For DACA holders, this option can be especially helpful for those with specialized skills or high-demand jobs.

Adjustment of Status: Transitioning from DACA to Green Card

Adjustment of status is a process that allows individuals already in the U.S. to apply for a green card without needing to leave the country. DACA recipients who qualify for family-based or employment-based immigration may be eligible to adjust their status from temporary protected status to lawful permanent residency.

What is Adjustment of Status?

Adjustment of status (AOS) allows DACA recipients to apply for permanent residency without having to leave the U.S. This is an attractive option because it avoids the complications and risks of consular processing abroad.

Eligibility for Adjustment of Status

DACA recipients who have a U.S. citizen or lawful permanent resident family member or an employer willing to sponsor them can apply for adjustment of status. They must file the I-485 form and attend an interview as part of the process.

The I-485 Process

The I-485 is the primary form used to adjust status. Once submitted, the application undergoes processing, including a biometrics appointment and a green card interview. The process can take several months to a few years, depending on the applicant’s specific circumstances.

Consular Processing: Leaving the U.S. for a Green Card

For some DACA recipients, especially those who have been in the U.S. unlawfully for an extended period, consular processing may be necessary. This process involves leaving the U.S. and applying for a green card at a U.S. consulate abroad.

What is Consular Processing?

Consular processing is the procedure where individuals outside the U.S. apply for a green card at a U.S. embassy or consulate in their home country. For DACA recipients who need to leave the U.S., this is often the only option.

Challenges of Consular Processing for DACA Holders

For DACA recipients, consular processing can be risky, especially if they have accrued unlawful presence in the U.S. In some cases, they may face bars to re-entry. However, applying for a waiver of unlawful presence can help overcome this barrier.

The Importance of Waivers

For individuals with a history of unlawful presence, applying for a provisional unlawful presence waiver can make consular processing less risky. This waiver allows applicants to address issues of unlawful presence before re-entering the U.S.

The Role of Advance Parole for DACA Recipients

Advance Parole is an essential tool for many DACA recipients looking to travel outside the U.S. without jeopardizing their green card eligibility. By using Advance Parole, DACA holders can leave the U.S. and return legally, preserving their ability to apply for a green card.

What is Advance Parole?

Advance Parole is a document that allows DACA recipients to re-enter the U.S. after traveling abroad. This is crucial for individuals applying for a green card through family or employment sponsorship, as it ensures that they are not considered to have abandoned their application.

How Advance Parole Helps with the Green Card Process

DACA holders who need to travel abroad for family or work reasons can use Advance Parole to maintain their green card eligibility. This document helps them avoid complications that could arise if they were to leave the U.S. without permission.

Conclusion

While the journey from DACA to a green card is complex, it is certainly achievable. Whether through family-based petitions, employer-sponsored applications, or adjusting status within the U.S., there are multiple pathways for DACA recipients to secure permanent residency. The key is to understand the options available, follow the proper legal steps, and, when necessary, consult with an immigration attorney to navigate potential challenges.

FAQs

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

A. Yes, DACA recipients who qualify for family-based or employment-based petitions can apply for adjustment of status, allowing them to apply for a green card from within the U.S.

Q. How long does the process take for DACA recipients to get a green card?

A. The timeline can vary widely depending on the specific pathway and the applicant’s circumstances. On average, it can take anywhere from a few months to several years.

Q. Can DACA recipients use Advance Parole to apply for a green card?

A. Yes, Advance Parole allows DACA recipients to travel abroad and return without jeopardizing their eligibility for a green card. It is an essential tool for many applicants.

Q. What if a DACA recipient has unlawful presence in the U.S.?

A. DACA recipients who have accrued unlawful presence can apply for an unlawful presence waiver or provisional waiver to address this issue as part of their green card application.

Q. Is consular processing risky for DACA recipients?

A. Consular processing can be risky for DACA recipients who have unlawful presence. However, applying for a waiver can help overcome re-entry bars and facilitate the green card process.