Cecily Zamora
The Deferred Action for Childhood Arrivals (DACA) program provides temporary protection from deportation to undocumented immigrants who entered the U.S. as minors. While DACA offers benefits such as work permits and social security numbers, it does not provide a direct path to citizenship or lawful permanent residency. However, recent legislative developments have proposed plans to grant DACA recipients full legal status and an expedited path to residency and citizenship. Additionally, DACA recipients may pursue lawful permanent residency through marriage to a U.S. citizen or green card holder, although this route entails specific requirements and challenges.
| Characteristics | Values |
|---|---|
| DACA recipients | Temporary protection from deportation |
| Work permits | |
| Social security number | |
| State-issued identification | |
| Eligibility for renewal every two years | |
| No pathway to citizenship | |
| No lawful status | |
| Transitioning from DACA to lawful permanent residency | Marriage to a U.S. citizen or lawful permanent resident |
| Filing Form I-485 (Application to Adjust Status) | |
| Obtaining an advance parole document to travel outside and re-enter the U.S. |
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What You'll Learn
Marriage to a US citizen
Firstly, the marriage must be legally recognized and valid under the laws of the place where it occurred. Marriages solely for immigration benefits can lead to severe consequences, including denial of a green card and deportation. Applicants should also be aware that they may need to undergo a medical examination and attend an interview with an immigration officer.
If the DACA recipient entered the US lawfully, they may be able to file Form I-485 (Application to Adjust Status) without leaving the country. However, this process can be complicated for individuals who entered without inspection. To apply for a Green Card as the spouse of a US citizen, additional documentation and evidence are required, including a copy of the marriage certificate, proof of legal termination of any prior marriages, and a passport page with a nonimmigrant visa or admission/parole stamp.
It is important to note that the process of obtaining lawful permanent residence through marriage has specific financial requirements. According to the immigration law of 1996, applicants must demonstrate an income of at least 125% of the federal poverty guidelines. Additionally, the permanent resident status granted through marriage is initially conditional for two years. To remove these conditions, Form I-751, Petition to Remove Conditions on Residence, must be approved.
While the marriage route provides an opportunity for DACA recipients to apply for a green card, it comes with its own set of challenges and requirements. DACA recipients seeking to obtain lawful permanent residence through marriage to a US citizen are advised to seek legal assistance to navigate the complex immigration process and ensure they meet all the necessary requirements.
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Legislative changes
The Biden-Harris Administration has proposed a comprehensive and compassionate immigration reform package that would grant full legal status to DACA recipients, allowing them to immediately apply for lawful permanent residency. This plan, which represents a significant shift from the previous administration's harsh limitations on immigration, aims to provide a pathway to citizenship for over ten million undocumented immigrants. However, it is important to note that any legislative changes must be approved by the House of Representatives and the Senate.
One of the most significant barriers for DACA recipients seeking lawful permanent residency is the requirement of lawful entry into the U.S., which many DACA recipients did not fulfil. The proposed legislative changes aim to address this challenge by offering an expedited plan for residency, which includes granting full legal status to DACA recipients. This would be a significant step towards providing stability and peace of mind for many immigrants.
In addition to the proposed legislative changes, there are other routes that DACA recipients can explore to obtain lawful permanent residency. One option is through marriage to a U.S. citizen, which provides an opportunity to apply for a green card. However, this path comes with its own set of challenges and requirements, including demonstrating that the marriage is genuine and meeting all legal criteria.
While legislative changes can open up new pathways, it is important for DACA recipients to stay informed and consult with experts or immigration attorneys to understand the specific requirements and potential pitfalls in their journey towards lawful permanent residency.
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Advance parole document
An advance parole document is a type of travel document that allows DACA recipients to leave the U.S. and re-enter lawfully without losing their DACA status. This travel permission is not always guaranteed and does not grant lawful status like a valid visa or permanent residency.
To apply for an advance parole document, you will need to submit Form I-131, issued by U.S. Citizenship and Immigration Services (USCIS). This form is used to apply for travel documents, parole documents, and arrival/departure records. Along with Form I-131, you will need to provide a copy of a photo identity document, such as a driver's license or passport, proof of DACA approval (Form I-797), documents supporting your claimed basis for travel, proof of family relationships if relevant, two passport-style photos, and information about your intended dates and duration of travel.
It is important to note that if you have entered the U.S. illegally multiple times or have an outstanding order of removal or deportation, seeking legal advice before applying for advance parole is recommended. Leaving the U.S. with an advance parole document does not count as a "departure" for the purpose of the three- or ten-year bar for past unlawful presence, but there may be other consequences to consider.
Once your Form I-131 is approved, you will receive Form I-512L, the Advance Parole Document, which you can present to U.S. border officials upon your return. This document is typically valid for 30 to 45 days from the date of issuance.
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Temporary residency
While DACA offers certain benefits, such as work permits and social security numbers, it does not provide a direct path to citizenship or permanent residency. DACA recipients, often referred to as "Dreamers," face legal uncertainty and limitations in terms of their rights and benefits compared to lawful residents. For instance, they must apply for an advance parole document to travel outside the US and re-enter lawfully, and this permission is not guaranteed.
However, there are routes for DACA recipients to obtain lawful permanent residency, also known as a Green Card. One option is through marriage to a US citizen or lawful permanent resident. This process has several requirements, including providing documentary evidence of the marriage, demonstrating good moral character and financial stability, and proving that the marriage is genuine and not solely for immigration benefits. If the marriage is deemed to be for immigration benefits, there can be severe consequences, including denial of a Green Card and deportation.
Another proposed plan suggests granting DACA recipients the opportunity to immediately apply for lawful permanent residency, with an expedited five-year temporary residency period followed by a three-year residency period before becoming eligible for citizenship. This plan also includes undocumented immigrants physically present in the US as of January 1, 2021, and is contingent on the completion of criminal background checks and payment of taxes.
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Criminal background checks
The Deferred Action for Childhood Arrivals (DACA) program does not provide a direct path to lawful permanent residence. However, DACA recipients can apply for lawful permanent residency, and their applications will be subject to criminal background checks.
The US government conducts criminal background checks for most immigration applications, including DACA, to ensure that recipients are of good moral character. The background checks involve verifying biographic and biometric information against databases maintained by the Department of Homeland Security (DHS) and other federal government agencies.
US Citizenship and Immigration Services (USCIS) will check for felonies, significant misdemeanours, and other crimes that disqualify applicants from DACA. Offences that almost always result in disqualification include felonies, significant misdemeanours, and three or more non-significant misdemeanours. Applicants may also be disqualified if they are deemed a threat to public safety or national security.
USCIS may also disqualify applicants with a history of anti-US, terrorist, or criminal activities. However, applicants in this category can still gain approval by proving exceptional circumstances. Other common offences that will not automatically disqualify applicants include state immigration-related offences, traffic offences, juvenile delinquency, and expunged convictions.
It is important to note that DACA recipients with criminal records may face challenges when adjusting their status. While DACA offers protection from deportation and work authorization, it does not change the recipient's legal status, and they remain undocumented. The transition from DACA status to lawful permanent residency can be complex and may require legal assistance.
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Frequently asked questions
Yes, there are a few ways DACA recipients can apply for lawful permanent residency. One way is through marriage to a US citizen or lawful permanent resident. Another way is through the proposed plan, which will grant DACA recipients full legal status in the United States and allow them to apply for lawful permanent residency.
The DACA recipient must be married to a US citizen or lawful permanent resident. They must also provide documentary evidence of the marriage, such as a wedding certificate, and prove that they are not inadmissible to the US due to criminal activity or other reasons.
There are many benefits to applying for a marriage-based green card, including the ability to legally remain in the United States and obtain lawful employment.
Yes, DACA recipients can travel outside the US and re-enter lawfully by applying for an advance parole document. However, this travel permission is not always guaranteed.
