Understanding DACA and Green Card Eligibility
DACA recipients, also known as Dreamers, are individuals who were brought to the United States as children and meet specific eligibility criteria. While DACA provides temporary relief from deportation and work authorization, it does not offer a direct path to a green card. However, marriage to a U.S. citizen or lawful permanent resident can provide an alternative route to obtaining a green card.
To be eligible for a green card through marriage, the DACA recipient must meet the eligibility criteria for a marriage-based green card, including being married to a U.S. citizen or lawful permanent resident and demonstrating that the marriage is bona fide, meaning it was not entered into solely for immigration purposes.
The Application Process for a Marriage-Based Green Card
The application process for a marriage-based green card involves several steps, including filing Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status. The U.S. citizen or lawful permanent resident spouse must sponsor the DACA recipient and demonstrate that they can support their spouse financially.
The DACA recipient must also undergo a medical examination, provide biographical and background information, and attend an interview with U.S. Citizenship and Immigration Services (USCIS). The application process can be complex, and it is recommended that the couple seek the guidance of an experienced immigration attorney.
Conditional Residence and Removing Conditions
If the marriage is less than two years old at the time the green card is approved, the DACA recipient will be granted conditional residence. This means that their green card will be valid for two years, and they must apply to remove the conditions within 90 days of the expiration date.
To remove the conditions, the couple must file Form I-751, Petition to Remove Conditions on Residence, and demonstrate that their marriage is still bona fide. They must also provide evidence of their shared life, such as joint tax returns, bank statements, and photographs.
The Role of the Immigration Attorney
An experienced immigration attorney can play a crucial role in the application process for a marriage-based green card. They can help the couple navigate the complex application process, ensure that all required documentation is submitted, and prepare them for the USCIS interview.
The attorney can also help the couple understand the eligibility criteria and any potential issues that may arise during the application process. They can provide guidance on how to demonstrate the bona fides of the marriage and help the couple gather the necessary evidence to support their application.
Conclusion and Next Steps
Obtaining a green card through marriage can be a complex and time-consuming process, but it can also provide a pathway to permanent residency and eventual citizenship for DACA recipients. It is essential for the couple to understand the eligibility criteria and application process and to seek the guidance of an experienced immigration attorney.
By following the correct procedures and providing the necessary documentation, the couple can increase their chances of a successful application and begin their journey towards a more secure and stable future in the United States.
Frequently Asked Questions
Can a DACA recipient get a green card through marriage to a lawful permanent resident?
Yes, a DACA recipient can get a green card through marriage to a lawful permanent resident, but the process may take longer than if they were married to a U.S. citizen.
How long does it take to get a green card through marriage?
The processing time for a green card through marriage can vary depending on the complexity of the case and the workload of the USCIS, but it typically takes around 10-18 months.
Do I need to leave the United States to get a green card through marriage?
In most cases, a DACA recipient can apply for a green card through marriage from within the United States, but in some cases, they may need to leave the country for a visa interview at a U.S. embassy or consulate.
Can I work while my green card application is pending?
Yes, a DACA recipient can apply for a work permit while their green card application is pending, which will allow them to work legally in the United States.
How much does it cost to get a green card through marriage?
The cost of getting a green card through marriage can vary depending on the complexity of the case and the attorney's fees, but the typical cost is around $1,500 to $3,000.
Can I get a green card through marriage if I have a criminal record?
Having a criminal record can make it more difficult to get a green card through marriage, but it is not necessarily a bar to eligibility. The USCIS will consider the nature of the crime, the sentence, and the applicant's overall character.