can i apply for a green card with daca

DREAM Act would permit the undocumented immigrants to obtain Green Cards but not the deferred action process. If you are a DACA recipient married to a green card holder or US.


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Up to 25 cash back If you had DACA if you received travel authorization and if you left the United States and returned on that travel authorization you would now have a lawful entry.

. The application process will differ slightly depending on your spouses immigration status and whether you came into the United States lawfully or unlawfully. Green card holders living in the United States can sponsor a spouse for a green card through marriage. This answer is tricky and requires the advice of an experienced immigration lawyer in Austin.

Because DACA recipients are young people it is rare that a DACA holder can obtain a green card through employment. Deferred action does not grant the recipients lawful status and deferred action is not a law. You would need to meet the main eligibility requirements for getting a marriage-based green card.

And generally prohibits from filing. First off the benefits of DACA are that you can obtain employment authorization obtain protection from removal proceedings not accrue unlawful presence and apply for. Lawfully with Advance Parole or if you first entered with a valid visa.

If youve entered the US. Immigration law offers Dreamers a possible path. If you are a DACA recipient and received your DACA status before your 18th birthday it may be possible to petition for a green card through the I-130 process if you have a qualifying relative spouse parent or sibling who is a US.

In other words under current immigration law no individual can apply for a green card on the basis of having DACA. You should be able to return to your country of origin and apply for a green card through a US. In other words your marriage must be legal and made in good faith rather than for the purpose.

I-601A Provisional Waiver. Qualified undocumented immigrants can remain in America as conditional residents for 6 years and then they can apply for lawful status. Call us on 1 844 290 6312 for immediate help assistance with your immigrant visa.

Unfortunately many DACA recipients are not eligible for an employment-based green card because the Immigration Nationality Act INA the set of laws that govern who can qualify for which immigration benefits says that only certain individuals are eligible to file for an adjustment of status green card application in the US. If you applied for DACA before turning age 18 or within 180 days after turning 18. Citizenship but there are some exceptions.

We can assess your eligibility and advise you on your options. But if you applied for DACA after 180 days of turning 18 you must apply for a special waiver Form I-601A or you could be barred from returning to the United States for 310 years. However the petitioning spouse must live outside of the United States unless the filing date for the F-2A category in the visa bulletin for the month of filing is current.

The stamped entry upon return constituted an admission or parole for purposes of adjustment of status. As a DACA recipient you can still obtain a marriage green card if you are married to a US. Permanent resident through consular processing applying from a US.

Citizen or a lawful permanent resident green card holder you can apply for a green card as a DACA recipient. Yes in certain circumstances DACA recipients can get Green Cards. Although DACA is a protected status it is not considered a valid status for the green card application through employment.

Go to our Green Card Eligibility Categories page to see all the possible categories you can apply under and what the eligibility requirements are. As a DACA recipient you can apply from within the country US if you had a lawful entry into the country and you were inspected by a CBP agent. Yes it is possible for DACA recipients to apply for a green card if they meet the lawful entry requirement.

Citizen there are so many legal factors that need to be considered when applying for permanent residency through marriage. Embassy or consulate just as anyone would do if they were living abroad and applying for a green card based on marriage to a US. Unfortunately the current DACA policy does not offer Dreamers a direct path to a green card lawful permanent resident status or US.

Citizen or lawful permanent resident. However certain individuals with deferred action can apply for permanent residence in the United States. Consulate or embassy in your home country regardless of whether you came to the US.

The best thing to do in this case is to. As long as youre married to a US. If you are a DACA recipient looking for a more permanent way to stay in the United States you may be eligible for green card sponsorship by your employer or family member.

For those with DACA status it is difficult to move to permanent legal resident status also known as having a green card. Previously DACA recipients could get a green card through adjustment of status by traveling with advance parole. You can however use your DACA status to open some doors.

Even though you can get a work permit drivers license and a social security number with DACA having DACA still has its challenges. Living abroad may not be the best option for most recipients of DACA. Most people who apply for a Green Card will need to complete at least two formsan immigrant petition and a Green Card application Form I-485.

If you applied for DACA before you turned 18 or within 180 days after you turned 18 years of age things will not be that difficult. In order to do so their employer must file an immigrant petitionForm I-140 or Form ETA-750. You must also be at least 15 years or older to request DACA unless you are currently in removal proceedings or have a final removal or voluntary departure order as.

If you get DACA status and then marry a US. The DACA program does not provide a direct path to permanent residence green card. Green card holders living in the United States can sponsor a spouse for a green card through marriage.

You will have the chance to go back to your home country and apply for a green card through a US. Although not everyone will qualify US. Anyone requesting DACA must have been under the age of 31 as of June 15 2012.

CAN DACA RECIPIENTS GET A GREEN CARD. Thats not a huge obstacle if you applied for DACA before or within 180 days after turning 18 youd be in the same shoes as any spouse applying for a green card from abroad. This situation is subject to change which will be reflected on the USCIS website.

These children known as Dreamers are afforded certain legal rights. DACA Path to Citizenship. Can DACA Recipients Apply for a Green Card.

Speak with your immigration lawyer if you are considering taking the route of DACA to green card through employment. Yes in certain circumstances DACA recipients can get Green Cards. If you otherwise qualify to adjust status you could then use this procedure to apply for a green card in the US through your marriage to a US.

To begin there isnt a law that says if you are a DACA holder you will get a green card or you will get citizenship automatically. You just need to comply with the eligibility criteria we explain below. Being Sponsored for a Green Card.

Ad Review Lawyer Profiles Ratings Cost. Citizen you may be eligible for a green card based on your marriage.


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