Can DACA Recipients Qualify for a Green Card?

The Deferred Action for Childhood Arrivals (DACA) program has been a beacon of hope for many young immigrants brought to the U.S. as children. While it provides some level of stability, it falls short of offering a permanent solution. If you’re a DACA recipient, you may wonder: is there a path to a Green Card?

The good news is that for many, it’s possible. 

Wogwu Law has worked with countless DACA recipients, helping them navigate the complexities of the immigration process with compassion and tailored guidance, making the journey as smooth as possible. Let’s explore the details together.

Understanding DACA and Its Limitations

DACA, introduced in 2012, provides temporary relief from deportation and work authorization for eligible undocumented immigrants who came to the U.S. as children. However, it doesn’t offer a direct route to permanent residency or citizenship. Here’s why this matters:

  • Temporary Status: DACA must be renewed every two years, and its future is subject to legal challenges. This uncertainty leaves recipients vulnerable to sudden policy changes.
  • No Permanent Path: Unlike other immigration programs, DACA doesn’t inherently lead to a Green Card or U.S. citizenship. This limitation underscores the importance of exploring other options.

Pursuing a Green Card is a logical next step for those seeking stability and long-term security. Let’s break down how to achieve this.

Possible Paths to a Green Card for DACA Recipients

Finding the right path to a Green Card depends on your unique circumstances. Below are some common avenues:

Marriage to a U.S. Citizen

Marriage to a U.S. citizen is one of the most accessible paths for DACA recipients. However, the process varies depending on whether you entered the U.S. lawfully or unlawfully.

  • Lawful Entry: If you entered the U.S. legally, you may qualify for an adjustment of status without leaving the country. Adjustment of status allows you to apply for a Green Card while remaining in the U.S.
  • Unlawful Entry: If your entry was illegal, you might need to leave the U.S. and apply for a waiver (Form I-601A) to overcome inadmissibility issues. This waiver demonstrates that denying your Green Card would cause your U.S. citizen spouse extreme hardship.

The marriage must be genuine—not solely for immigration purposes. Immigration officers thoroughly review documentation and interview couples to ensure authenticity.

Employment-Based Green Cards

DACA recipients may also qualify for employment-based Green Cards, though the process can be challenging.

  • Eligibility: Popular options include EB-2 (National Interest Waiver) and EB-3 (Skilled Workers). For many, the first step involves securing a job offer from a U.S. employer.
  • PERM Labor Certification: This process requires the employer to prove that no qualified U.S. worker is available. The recruitment process can be detailed and time-consuming, but it’s a crucial step.
  • Alternative Routes: Some individuals may qualify for an EB-2 NIW (National Interest Waiver) if they can demonstrate exceptional skills or if their work substantially benefits the U.S.

While this path is viable, it’s essential to work closely with an immigration attorney to ensure all requirements are met.

Family-Based Petitions

Family connections can also pave the way for DACA recipients to get a Green Card.

  • Immediate Relatives: If you’re the spouse, unmarried child under 21, or parent of a U.S. citizen, you may qualify for a family-based Green Card. Immediate relatives are not subject to annual visa caps, making the process quicker.
  • Other Relatives: Extended family categories, such as siblings, have longer waiting periods due to visa backlogs. Understanding the priority dates and timelines is essential for these cases.

Humanitarian-Based Petitions

Some DACA recipients may qualify for humanitarian-based Green Cards, such as:

  • Asylum: If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum. However, the burden of proof is high.
  • U Visa: Victims of certain crimes who assist law enforcement in investigations may qualify for a U visa, which can lead to a Green Card.
  • T Visa: Victims of human trafficking may be eligible for a T visa, offering another potential route to permanent residency.

Other Potential Paths

While less common, some DACA recipients explore options like:

  • Diversity Visa Lottery: This program provides a limited number of Green Cards annually to individuals from countries with low immigration rates to the U.S. However, eligibility criteria and the random nature of selection make it a less reliable option.
  • Special Legislation: Occasionally, new laws provide pathways for specific groups of immigrants. Staying informed about legislative changes is crucial.

Challenges and Considerations

Pursuing a Green Card comes with hurdles. Here are some key challenges to keep in mind:

  • Unlawful Presence: If you’ve accrued unlawful presence in the U.S., you may need a waiver to address inadmissibility issues.
  • Travel Restrictions: Traveling outside the U.S. without Advance Parole can jeopardize your status. Advance Parole allows you to re-enter the U.S. without issues.
  • Processing Delays: Immigration applications often face backlogs, requiring patience and persistence.

Working with an experienced attorney can help you address these challenges effectively.

Don’t Go It Alone – Contact Wogwu Law Today!

Wogwu Law understands the unique struggles DACA recipients face. Whether you’re exploring marriage-based petitions, employment opportunities, or humanitarian options, Wogwu can guide you every step of the way.

Call 210-972-4480 or visit online at Contact Us to schedule a consultation. Together, we’ll craft a personalized strategy to help you achieve your immigration goals. Don’t wait—secure your future today!