can i apply for a green card with daca
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. 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.
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DACA to Green Card Through Consular Processing.
. 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. And generally prohibits from filing. If you are a DACA recipient married to a green card holder or US.
Citizen or lawful permanent resident. Can DACA Recipients Apply for a Green Card. 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.
This answer is tricky and requires the advice of an experienced immigration lawyer in Austin. You can however use your DACA status to open some doors. In other words under current immigration law no individual can apply for a green card on the basis of having DACA.
Previously DACA recipients could get a green card through adjustment of status by traveling with advance parole. In other words your marriage must be legal and made in good faith rather than for the purpose of committing immigration fraud. Call us on 1 844 290 6312 for immediate help assistance with your immigrant visa.
Lawfully with Advance Parole or if you first entered with a valid visa. While it is still up in the air whether the DREAM Act will ever come to fruition. 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.
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. 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. While the process is easier if the sponsoring spouse is a US.
Citizen there are two paths to consider. The American Dream and Promise Act allows Dreamers and Temporary Protected Status TPS holders legal status in the United States. Citizen you may be eligible for a green card based on your marriage.
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. You just need to comply with the eligibility criteria we explain below. However certain individuals with deferred action can apply for permanent residence in the United States.
I-601A Provisional Waiver. DACA recipients may likewise be eligible to apply for a green card if they are married to current green card holders. We can assess your eligibility and advise you on your options.
Citizen there are so many legal factors that need to be considered when applying for permanent residency through marriage. Go to our Green Card Eligibility Categories page to see all the possible categories you can apply under and what the eligibility requirements are. In order to do so their employer must file an immigrant petitionForm I-140 or Form ETA-750.
Because DACA recipients are young people it is rare that a DACA holder can obtain a green card through employment. Previously DACA recipients could get a green card through adjustment of status by traveling with advance parole. Anyone requesting DACA must have been under the age of 31 as of June 15 2012.
Syria TPS to Green Card. 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. However some DACA recipients can obtain a green card through marriage to a US.
DACA Recipients Married to Green Card Holders. This decision has created a new population of unauthorized immigrants that are unprotected from. Speak with your immigration lawyer if you are considering taking the route of DACA to green card through employment.
It generally boils down to three key factors. 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. 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.
As long as youre married to a US. You would need to meet the main eligibility requirements for getting a marriage-based green card. For those with DACA status it is difficult to move to permanent legal resident status also known as having a green card.
Citizen or a lawful permanent resident green card holder you can apply for a green card as a DACA recipient. Even though you can get a work permit drivers license and a social security number with DACA having DACA still has its challenges. You should be able to return to your country of origin and apply for a green card through a US.
If youve entered the 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. You will have the chance to go back to your home country and apply for a green card through a US.
For DACA Deferred Action for Childhood Arrivals recipients navigating the immigration system and building a life in the United States can often be challenging since there currently is no established path to citizenship or even applying for a green card on the basis of DACA alone. Permanent resident through consular processing applying from a US. The application process will differ slightly depending on your spouses immigration status and whether you came into the United States lawfully or unlawfully.
CAN DACA RECIPIENTS GET A GREEN CARD. Can DACA Recipients Apply for a Green Card. Being Sponsored for a Green Card.
If you get DACA status and then marry a US. If you applied for DACA before turning age 18 or within 180 days after turning 18. Yes it is possible for DACA recipients to apply for a green card if they meet the lawful entry requirement.
The best thing to do in this case is to. Yes in certain circumstances DACA recipients can get Green Cards. Citizen gives you the eligibility criteria required to apply for a permanent resident card.
DACA Path to Citizenship. 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. The DACA program does not provide a direct path to permanent residence green card.
Apply for a Green Card While Living Abroad. 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. DACA recipients may likewise be eligible to apply for a green card if they are married to current green card holders.
The stamped entry upon return constituted an admission or parole for purposes of adjustment of status. 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.
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