In the previous chapter, What is DACA Form I-821D? we discussed the most important form in a DACA request; Form I-821D. Oftentimes, a successful DACA application is generally as far as a DREAMer can go with regard to being awarded a lawful status in the United States. There is, however, an indirect path towards a lawful permanent status, marriage to a United States citizen. The requirements for and the availability of green cards for DACA recipients who are married to Untied States citizens is discussed here next.

What is a Marriage Green Card?

A green card is a lawful permanent residency status that allows the recipient the ability to live and work in the United States. A green card that is obtained through marriage is pretty much just what it sounds like, a green card that is awarded to the noncitizen spouse of a U.S. citizen. In order to obtain a green card through marriage, a couple must prove the legitimacy of their relationship and marriage, file the appropriate supporting paperwork, and finally attend an interview with an officer from United States Citizenship and Immigration Services (USCIS) before being approved. Approved DACA recipients are eligible for marriage green cards if they meet certain requirements and the correct factors are present.

Married to a United States Citizen?

The easiest and most direct path to a marriage green card exists for DACA recipients who entered the United States with a valid visa, overstayed the visa, and then later married a United States citizen. The DACA recipient will be able to request for an adjustment of status and can do so from the United States without having to leave the country to make the request. This is done so because the DACA recipient in this case was admitted to the United States “with inspection” by U.S. Customs and Border Protection (CBP). This is a major point in immigration law, if individuals enter the United States upon proper inspection while having proper documentation, then the American laws of immigration allow some leniency for overstays. If a DACA recipient entered the United States illegally, without inspection, then the path to getting a marriage green card gets more complicated as discussed below.

A DACA recipient who entered the United States illegally and undocumented as a child may still be able to apply for a marriage green card if they travel with a travel permit (Advance Parole). This permit would allow the DACA recipient to leave the United States, and then return and enter legally with inspection. This would then allow them to file for a marriage green card as discussed at the beginning of this section. A DACA recipient who applied for DACA before turning 18 or within 6 months after can apply for a marriage green card after returning to their country of origin and applying for the green card abroad. In this scenario, the DACA recipient will not be able to request a green card while still living in the United States. A DACA recipient who does not have a travel permit and has waited longer than 6 months after turning 18 to apply for DACA is required to leave the United States to apply and also faces up to a 10-year bar to reentry. 

Married to a Green Card Holder?

If a DACA recipient is married to a green card holder who is not a United States citizen, then the DACA recipient will not be able to apply for the marriage green card while still living in the United States. The request for a marriage green card in these circumstances can only be made once the DACA recipient returns to their country of origin. A DACA recipient who applied for DACA before turning 18 or within 6 months after can apply for a marriage green card from their country of origin as any other person can from abroad. This is a notoriously slow process which takes much longer than marriage green cards for U.S. citizen spouses. 

Potential Hurdles

Immigration law in the United States is complicating and often times seems very arbitrary. The standards and rules that exist in immigration law are many times not obvious and can be very confusing. The main potential hurdles that a DACA recipient will face in seeking a marriage green card arise with how the DACA recipient entered the United States in the first place. If you are a DACA recipient who first entered the United States with valid paperwork and proper inspection, then your application for a marriage green card may be fairly straightforward. If you are a DACA recipient who entered the United States illegally along with your parents without valid paperwork and inspection, then you are faced with the potential of having to leave the country and come back to apply or be required to apply abroad. Processing and waiting times vary for each type of immigration application and request. If you have questions about eligibility and what potential hurdles you may face in applying for a marriage green card if you are a DACA recipient, then our attorneys at You Are Home are available and happy to answer your questions. We can help you prepare and submit your marriage green card application.

You Are Home is Here for You

After reading all of these chapters, you should now have a full understanding of not only the history of DACA, but also the eligibility requirements, and important documentation that needs to be included with an application. As previously stated, a DACA applicant only has one chance to be approved for DACA. If you are denied your DACA application, you do not get a second chance. The attorneys at You Are Home understand this and can help you prepare the most complete and effective DACA application and can also submit it on your behalf. This is discussed next in the final chapter of our discussion on DACA, How You Are Home Can Help You Prepare Your DACA Application.