1. Can DACA Recipients Get Legal Residency by Marrying a U.S. Citizen?
Yes, DACA (Deferred Action for Childhood Arrivals) recipients can obtain a path to legal residency by marrying a U.S. citizen. Marriage to a U.S. citizen allows DACA recipients to apply for a Green Card (permanent residency), either through adjustment of status or consular processing. However, eligibility and the application process depend on the individual’s entry history, current status, and background.
2. Pathways to Legal Residency for DACA Recipients
2.1 Adjustment of Status
If a DACA recipient entered the U.S. legally (with a visa or parole), they may qualify for adjustment of status (AOS) without leaving the U.S.
- Eligibility: DACA recipients who have maintained lawful entry and meet the requirements for a marriage-based Green Card.
- Form I-485: Submit Form I-485, Application to Register Permanent Residence or Adjust Status after filing Form I-130 (Petition for Alien Relative).
2.2 Consular Processing
For DACA recipients who entered the U.S. unlawfully and have no record of lawful entry, consular processing may be required. This involves applying for a Green Card from a U.S. consulate in the applicant’s home country.
- Waiver of Unlawful Presence: Many DACA recipients will need an I-601A waiver to overcome the bar to re-entry due to unlawful presence.
- Application Process: Attend an interview and submit documents at the U.S. consulate in your home country.
3. Required Documents for Marriage-Based Green Card for DACA Recipients
To apply for a marriage-based Green Card, DACA recipients need:
- Proof of Marriage: Marriage certificate, joint accounts, lease agreements, and other evidence of a genuine relationship.
- Forms I-130 and I-485: I-130 is filed by the U.S. citizen spouse, and I-485 is filed for adjusting status.
- DACA Approval Notice and Employment Authorization Document (EAD): To show current status.
- Proof of Lawful Entry (if applicable): Passport, visa, or Form I-94.
- Waiver (if needed): Form I-601A for those applying through consular processing.
4. Steps for DACA Recipients to Apply for a Green Card Through Marriage
Step 1: File Form I-130, Petition for Alien Relative
The U.S. citizen spouse starts the process by filing Form I-130, which establishes the legitimacy of the marriage.
Step 2: Determine Adjustment of Status or Consular Processing
- Adjustment of Status: If the DACA recipient has lawful entry and meets eligibility requirements.
- Consular Processing: For those without lawful entry; may require a waiver for unlawful presence.
Step 3: File Form I-485 (If Eligible for Adjustment of Status)
If eligible, file Form I-485 to adjust status while in the U.S. This application includes biometric services, a medical exam, and supporting documentation.
Step 4: Attend the Green Card Interview
Both spouses attend an interview to verify the marriage’s legitimacy. Bring proof of a bona fide marriage, including shared finances, joint lease agreements, and family photos.
Step 5: Obtain Green Card and Conditional Residency (If Approved)
If the marriage is less than two years old at the time of approval, the DACA recipient will receive conditional residency (a 2-year Green Card). They will later need to file Form I-751 to remove conditions.
5. Frequently Asked Questions
- Can a DACA recipient adjust status without leaving the U.S.?
Yes, if they have lawful entry, a DACA recipient can adjust status without leaving the U.S. - What if the DACA recipient entered unlawfully?
They may need to apply for a waiver and complete consular processing through a U.S. consulate abroad. - How long does it take for a DACA recipient to get a Green Card through marriage?
Processing times vary, but it typically takes 12–18 months for adjustment of status. - Will marrying a U.S. citizen protect a DACA recipient from deportation?
While marriage offers a path to residency, it does not automatically protect against deportation until a Green Card is granted. - Do DACA recipients need a waiver for consular processing?
Many do, particularly if they have unlawful presence in the U.S. A provisional waiver (Form I-601A) may be required.
6. Conclusion
Marriage to a U.S. citizen offers DACA recipients a legal pathway to permanent residency. Whether through adjustment of status or consular processing, understanding the eligibility requirements, necessary documents, and process details is essential for a successful application. By following the proper steps and preparing documentation thoroughly, DACA recipients can improve their chances of a smooth transition to a Green Card and a stable future in the U.S.