Getting a Green Card with DACA is Possible. Learn About the Family and Work Requirements You Can Apply For.
In 2012, the government initiated the DACA program (Deferred Action for Childhood Arrivals) to protect immigrants who came to the U.S. as children. DACA provides benefits like the ability to work legally and protection from deportation.
However, DACA status lasts only for two years, so recipients must renew it before it expires. How can a DACA recipient get a Green Card? Unfortunately, strict requirements prevent many DACA recipients from applying for permanent residency.
DACA Recipients Can Get a Green Card
There is an option for DACA recipients to apply for permanent residency. The most important requirement is that you must have entered the U.S. legally. This means you may have entered with a visa that later expired or through Advance Parole (a special travel permit).
The two most common ways DACA recipients can apply for a Green Card are through family (usually marriage) or through employment. A DACA recipient can apply for permanent residency if they are a close family member of a U.S. citizen or permanent resident or if they are sponsored by their employer.
Green Card Through Family for DACA Recipients
It’s possible to apply for Green Card through a U.S. citizen spouse, or a child who is at least 21 years old and a U.S. citizen, if you meet specific rules. One key factor is whether the applicant was legally admitted into the U.S. If so, they can apply for their Green Card without leaving the U.S.
Legal entry can be either with a valid visa or through the Visa Waiver Program.
If the DACA recipient entered without being admitted, they will need to apply from their home country or meet the legal entry requirement. This often requires leaving the U.S. You can request Advance Parole, which lets you leave the U.S. for humanitarian, work, or educational reasons and return legally.
Re-entering with Advance Parole counts as legal entry, allowing you to apply for your Green Card from inside the U.S. If you can’t get Advance Parole, you’ll need to leave the country and apply for your Green Card from the U.S. embassy in your home country.
One challenge is that you may face a penalty of 3 to 10 years for living illegally in the U.S., which you must serve before starting the process. There is a legal option to get a provisional waiver for unlawful presence before leaving the U.S. for your Green Card interview, helping avoid the re-entry ban.
Green Card Through Employment for DACA Recipients
If your employer wants to sponsor you for a Green Card, they must prove you have exceptional skills that contribute to the U.S. economy. Just like with marriage-based Green Cards, you need to have entered the U.S. legally.
If not, you can apply for Advance Parole to meet this requirement. Without it, you may have to face the 3 to 10-year penalty outside the U.S.
In all cases, it’s recommended to get legal advice to help with the process. Keep in mind that DACA recipients applying for a Green Card may have to pay the following fees:
- Advance Parole (Travel Permit): $630 USD
- Petition for Alien Relative: $675 USD
- Adjustment of Status: $1,440 USD
At Alvva, we’re dedicated to providing peace of mind and a brighter future for the Latin community. We’ll be offering support for Advance Parole soon. But, if you decide a marriage visa is the right path for you and your partner, we’re here to help. If you need help preparing your Green Card application through marriage, get started here.
