Key Takeaways

  • DACA was enacted in 2012 to protect undocumented immigrants who came to the US as children from deportation and grant work permits.

  • As of July 16, 2021, USCIS could accept first-time DACA applications but could not process or approve them, leading to great uncertainty among new applicants.

  • DACA recipients can apply for a green card if they meet certain criteria, including entering the US lawfully.

  • DACA recipients who meet the eligibility requirements can apply for legal status via family-based, employment-based, or other humanitarian channels to get a green card.

  • Potential obstacles include proving lawful entry, public charge considerations, and criminal history.

  • An immigration attorney can help you understand and complete the necessary green card application forms while explaining the risks specific to your circumstances. 

  • Post a job on UpCounsel to find an immigration attorney to help you with the DACA and green card process. 

On September 5, 2017, the Trump Administration ordered the Department of Homeland Security to initiate the wind-down of the Deferred Action for Childhood Arrivals (DACA) program.  

This announcement created great uncertainty for the nearly 600,000 young people who had been able to live and work in the United States legally under DACA. 

Since then, one frequently asked question is whether DACA recipients can still apply for a green card. The answer is yes, but the process will differ for everyone.

What is DACA?

Deferred Action for Childhood Arrivals (DACA) was established in 2012 by the Obama administration.  

It protects undocumented immigrants who came to the United States as children from deportation and provides temporary protection and work permits to individuals brought to the United States as children before 2007. 

The program has enabled roughly 830,000 eligible young adults to attend school, work lawfully, and plan their lives without the constant threat of deportation—often to an unfamiliar country.  

DACA recipients, or "Dreamers," are currently protected from deportation and can apply for work permits. However, on July 16, 2021, a ruling was made to end the DACA program partially.  

Based on this ruling, the USCIS may accept first-time applications.  

Still, the ruling prevents it from processing or approving them. So, if you decide to submit a first-time application, you won't receive a response or get a refund for the $495 application fee.  

If you have any pressing questions about submitting a first-time application, you should contact a qualified professional. A lawyer can assess your case and help you determine the best path forward. 

With that in mind, here is everything you need to know about green card applications for DACA recipients.

Can DACA Recipients Apply for a Green Card?

The DACA program doesn't offer a pathway to permanent legal status or citizenship. However, if they meet the lawful entry requirement, DACA recipients can apply for a green card.  

In this case, they may be eligible for employment-based, family-based, and humanitarian green cards. Lawful entry means the immediate relatives entered the US with an or valid visa as inspected by a Customs and Border Protection officer. 

If you don't have a lawful entry, you must adjust your status through consular processing. This involves leaving the United States and applying for an immigrant visa at a US consulate or embassy abroad.  

This creates another challenge: you could be barred from reentry if you unlawfully lived in the US for at least six months. 

With a green card, DACA recipients can apply for naturalization and enjoy all the perks of being US citizens. These include voting, receiving benefits like college financial aid or food stamps, and even running for office.

What are the Requirements for DACA?

To qualify for DACA, applicants must meet the following criteria: 

  • Must have been brought to the US before the age of 16

  • Must have lived in the country continuously from June 15, 2007, to the present time.

  • Must have graduated from high school or be currently enrolled in school.

  • Must have had no lawful status on June 15, 2012.

  • You must have been physically present in the US on June 15, 2012, when applying for DACA.

  • Cannot have any felony convictions or significant misdemeanors on their records.

  • Must be an honorably discharged Coast Guard or Armed Forces veteran of the United States.

How Much Does it Cost to Apply for DACA?

The initial application fee for DACA is $555 (for those who file online) and $605 (for those who file on paper). 

These costs consist of: 

  • An $85 filing fee for Form I-821D 

  • A $520 filing fee for paper registration of Form I-765 or a $470 filing fee for online 

When you file for your renewals online, you can pay through bank account withdrawals, prepaid cards, debit cards, or credit cards. You'll need a USCIS online account to file these forms, make payments, and track your application's status.

Can I Renew My DACA Status?

Yes, you can renew your DACA status.  

As of April 12, 2022, the US Citizenship and Immigration Services (USCIS) announced that DACA renewals could be filed online. The USCIS recommends submitting a DACA renewal application between 120 and 150 days before the current one expires.  

If it's been over a year since your DACA expired, your request will be considered an initial request and will not be accepted. In 2021, Judge Hanen ruled that USCIS can no longer grant first-time initial DACA applications. 

How to Become a US Citizen

There are two main ways to become a US citizen: by birth or naturalization. Those born in the United States automatically gain citizenship at birth, regardless of their parents' nationality or immigration status.  

Those not born in the United States may become citizens through naturalization.  

This involves meeting certain eligibility requirements and completing a lengthy application process that typically includes a written exam, an interview, and a civics test. 

Whether you were born here or chose to earn citizenship through naturalization, both routes offer many benefits, including the right to travel freely within the country and vote in national elections.

DACA Path to Citizenship Through Marriage

Marriage to a US citizen or lawful permanent resident (LPR) allows DACA recipients to become LPRs (green card holders) and eventually apply for US citizenship.  

The process has multiple steps, including applying for a green card and fulfilling various residency requirements. 

However, the DACA path to citizenship through marriage is relatively straightforward, requiring applicants to meet several eligibility requirements. 

  • Applicants must be married to US citizens for at least three years to qualify for this pathway.

  • They must have been a permanent resident for at least two years.

  • They must establish that their marriage is legitimate and not just a sham arrangement created for immigration purposes. To do so, they will usually need to submit evidence such as joint bank accounts, joint lease agreements, or proof of shared household expenses.

  • Other common requirements include permanent resident status and good moral character.

DACA Marrying Lawful Permanent Resident

For DACA recipients, marrying a lawful permanent resident can increase their chances of receiving permanent residency. 

Here’s how the process works:

  • Eligibility for Adjustment of Status: DACA recipients can apply for green cards through marriage to an LPR but must have maintained lawful status and met any other previous immigration requirements.

  • I-130 Petition: The United States citizen or LPR spouse files a Form I-130, Petition for Alien Relative, to establish the validity of the marriage and to get the process underway.

  • Form I-485 Application: A DACA recipient in the United States can submit Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously to qualify for permanent residency and remain in the Country without leaving.

  • Consular Processing: If the DACA recipient resides outside the US, they must undergo Consular Processing at a US embassy or consulate, submit Form I-130, and attend an interview.

  • Considerations: Anyone with a DACA or Deferred Action for Childhood Arrivals is encouraged to contact an immigration attorney before applying for citizenship. Past problems, such as illegal immigration, may have affected this application.

If eligible, you can apply for citizenship by filing Form N-400 with US Citizenship and Immigration Services (USCIS) through the status adjustment process.

DACA to Green Card Through Marriage Timeline

Going from DACA to a green card through marriage is a little bit longer, but you can expect it to take around 10 to 12 months – assuming there are no delays or complications.  

Here’s a broad picture of what it looks like: 

  • Filing Form I-130 by the US citizen or LPR Spouse: Processing times can vary, but the I-130 petition is typically approved within 6 to 12 months.

  • I-485 Submission: Upon approval of the I-130 petition or concurrently filed if applicable, the DACA recipient submits the I-485 application. This is another biometric fingerprint appointment, which can take another 1 to 3 months.

  • Interview: Once the I-485 is processed, the couple will have an interview with USCIS. That interview will usually be scheduled several weeks to several months after the I-485 is filed.

  • Green Card Approval: If all goes well, the green card is approved, and the DACA recipient becomes a permanent resident. This takes a couple of weeks to several months from the interview date. 

  • Naturalization: After acquiring a green card, the individual must wait three years (married to a USC) or five years (married to LPR) before applying for US citizenship Form N-400.

DACA Last Name Change After Marriage

Changing one’s last name upon marriage is a personal choice and, for DACA recipients, involves a distinctly legal process:

  • Marriage Certificate: This is the first document you should get because it will be your most important name change document.

  • How to Update Immigration Documents: DACA recipients who have changed their names must inform USCIS by filing Form I-865, Sponsor’s Notice of Change of Address, and supporting documents. 

  • State ID: To have a last name changed on a state identification (driver’s license), the person must go to the DMV or other state agency with the marriage certificate and any appropriate forms.

  • SSA: The DACA recipient must also file a name change with the Social Security Administration by completing Form SS-5, Application for a Social Security Card.  

Retain copies of all documents submitted and received in the process of documenting.

Navigating the Adjustment of Status Process

If DACA recipients want to apply for a green card, they will have to go through the adjustment of status process.  

Here’s what you need to know.

Eligibility

To adjust your status, you must meet specific eligibility criteria, including: 

  • Lawful Entry: You must have entered through a legal port of entry or with a valid visa.

  • Current DACA Status: You must maintain your DACA status throughout the application process.

  • Visa Availability: A visa must be available for you, depending on your category (family-based or employment-based).

Required Forms

The most common form for adjustment of status is I-485, Application to Register Permanent Residence, or Adjust Status.  

Other forms may include: 

  • Form I-130 (if applying through a family member)

  • Form I-140 (if applying through employment)

  • Form I-765 (if you wish to apply for work authorization while your application is pending)

Importance of Maintaining Lawful Presence

You must maintain a lawful presence throughout this process; any unauthorized absence or violation of your DACA terms can result in denial of renewal.  

Keep your DACA renewal current and continue to comply with the terms. 

Common Challenges and Legal Considerations

Even though most DACA recipients have pathways to a green card, they risk facing several challenges: 

Legal Challenges

  • Proving Lawful Entry: If you entered the US without inspection, you may need to demonstrate eligibility, which can be difficult without evidence of entry or other mitigating circumstances.

  • Public Charge Rule: Recent changes in immigration policy might require you to show that you won’t be a public charge. Gathering financial documents and establishing a track record of employment might help to allay concerns.

  • Criminal History: You might be barred from doing so if you have certain convictions for criminal offenses. You should declare any legal problems and find out what they involve.

Tips on Avoiding Pitfalls

  • Document Everything: Keep detailed records of your DACA status. Note any travels and interactions with immigration authorities.

  • Consult Legal Counsel Early: Before you submit your application, consult an immigration attorney to identify and address any issues.

Conclusion: Planning Your Path from DACA to Permanent Residency

The route from DACA to a green card is complex. The smallest missteps can have serious consequences or cause significant delays. There are even more pitfalls for those on the path to citizenship through naturalization or adjustment of status. 

To manage these complexities, employ the services of a lawyer experienced in DACA and immigration issues.  

Our team of experienced immigration attorneys can help you navigate the process and ensure your application is complete and accurate. We understand this process's importance and will work diligently to help you obtain the outcome you're hoping for.

Frequently Asked Questions

Am I eligible for Employment Authorization If My Removal is Deferred Under the DACA Final Rule?

Yes. You may get your employment authorization from USCIS if you obtain DACA under the DACA final rule. However, you'll have to showcase an economic need for employment.

Does Marrying A US Citizen Automatically Guarantee a Green Card If You Are a DACA Recipient?

If you marry an American citizen, you can file an I-485 application to adjust your status and obtain a green card. You will still need to meet all the other eligibility requirements for a green card through marriage.

What Is The Difference Between A DACA Recipient and An Undocumented Immigrant?

A DACA recipient is an undocumented immigrant who has been granted deferred action from deportation. An undocumented immigrant is someone who is in the United States without authorization from the government.

Will Getting Married Affect My DACA?

If you are a DACA recipient, getting married will not affect your status. However, it does provide a pathway to obtain a green card.

Can Undocumented Immigrants Apply for Asylum?

Yes, undocumented immigrants can apply for asylum in the United States.  

To be eligible for asylum, an immigrant must meet certain criteria set forth by federal law.  

These criteria include demonstrating they have suffered past persecution or have a well-founded fear of future persecution due to their race, religion, nationality, political opinion, or membership in a particular social group. 

In addition to meeting specific legal requirements, undocumented immigrants must be able to provide credible evidence and testimony supporting their asylum claim.  

This might include official documentation of mistreatment in their home country and witness statements or other relevant documentation supporting their claim. 

Pursuing asylum can be a lengthy and challenging process. However, with the support of lawyers familiar with the legal system and immigration law, there is hope these individuals can find a haven in the United States.

Can I Apply for a Green Card if I Applied for DACA Before Turning 18?

Yes, for DACA recipients who applied before turning 18 (or within 180 days after), this means they can potentially file for a green card.  

They must return home and apply through a US embassy or consulate, just as people living overseas can file for a green card when they marry a US citizen.  

Consult with an immigration attorney before deciding to determine your specific risks.