how can daca recipients get a green card

3 min read 10-12-2024

how can daca recipients get a green card

Meta Description: Learn how DACA recipients can obtain a green card. This comprehensive guide explores eligibility requirements, application processes, potential challenges, and resources for DACA recipients seeking permanent residency. We cover various pathways, including employment-based, family-based, and other avenues. Get informed and understand your options today!

Introduction:

The Deferred Action for Childhood Arrivals (DACA) program provides temporary protection from deportation and work authorization for eligible undocumented immigrants who arrived in the U.S. as children. However, DACA is not a pathway to permanent residency (a green card). Many DACA recipients aspire to gain permanent legal status. This article explores the various avenues available to them. Obtaining a green card requires navigating complex immigration laws, so consulting with an experienced immigration attorney is crucial.

Paths to a Green Card for DACA Recipients

There's no single, guaranteed path. The best approach depends on individual circumstances. Here are some key possibilities:

1. Employment-Based Green Cards

This is a common route for many immigrants. To qualify, a DACA recipient needs a job offer from a U.S. employer who will sponsor them for a green card. This involves a complex process:

Job Offer: The job must be in a field requiring specialized skills.
PERM Labor Certification: The employer must prove there are no qualified U.S. workers available for the position. This is a lengthy and involved process.
I-140 Petition: The employer files this petition with United States Citizenship and Immigration Services (USCIS) demonstrating the recipient's qualifications and the job's requirements.
I-485 Adjustment of Status: Once the I-140 is approved, the DACA recipient can file this application to adjust their status to lawful permanent resident.

This process can take several years.

2. Family-Based Green Cards

If a DACA recipient has a U.S. citizen or lawful permanent resident relative who is willing to sponsor them, they may qualify for a family-based green card. The wait times for these visas can be extensive, depending on the relationship and the country of origin.

Petitioning Relative: A U.S. citizen or green card holder files a petition (Form I-130) with USCIS.
Visa Availability: The priority date is assigned based on the petition filing date. There are quotas and backlogs for family-based visas. The recipient must wait for their priority date to become current.
Adjustment of Status (I-485): Similar to the employment-based process.

3. Marriage to a U.S. Citizen or Green Card Holder

Marriage to a U.S. citizen or lawful permanent resident offers another pathway. This involves proving the validity of the marriage and meeting other requirements. The process often involves additional interviews and documentation.

4. Other Potential Avenues

Asylum: If a DACA recipient can demonstrate a well-founded fear of persecution in their home country, they can apply for asylum. Approval grants them a path to a green card.
Special Immigrant Juvenile Status (SIJS): This applies to certain undocumented minors who have been abused, neglected, or abandoned. It provides a pathway to lawful permanent residency.
U Nonimmigrant Status: This is available to victims of certain crimes who have suffered substantial mental or physical abuse and are helpful to law enforcement in investigating the crime. After a certain period, U nonimmigrant status can lead to a green card.

Challenges and Considerations

Lengthy Processing Times: Immigration processes are often slow and complex, requiring patience and persistence.
Extensive Documentation: Applicants need to gather a significant amount of documentation to support their applications.
Legal Representation: Hiring an experienced immigration attorney is highly recommended to navigate the complexities of the process.
Financial Costs: Immigration applications involve fees and legal costs.

Resources for DACA Recipients

United States Citizenship and Immigration Services (USCIS): The primary agency processing immigration applications.
Immigration Lawyers: Experienced immigration attorneys provide guidance and representation.
Nonprofit Organizations: Many organizations offer legal assistance and support to immigrants, including DACA recipients.

Conclusion

Obtaining a green card as a DACA recipient is a challenging but achievable goal. Understanding the different pathways, gathering necessary documentation, and securing legal counsel are critical steps. While the journey is complex, it's important to remember that perseverance and the right resources can make a significant difference in achieving the dream of permanent residency in the United States. Remember to consult with an immigration lawyer to determine the best path based on your specific situation. This article provides general information and does not constitute legal advice.