NAVIGATING MARRIAGE-BASED GREEN CARDS FOR DACA RECIPIENTS

Are you a DACA (Deferred Action for Childhood Arrivals) recipient exploring the possibility of obtaining a marriage-based green card? Here is some information to help you consider issues that may affect your eligibility and, if you are eligible, to provide a general overview of the process.  

Eligibility for a Marriage-Based Green Card:

If you entered the US with a visa, or in some cases with parole instead of a visa, you may be eligible to apply for and receive a green card in the U.S. You will need to prove that you are in a real marriage, show proof of your visa or paroled entry, and demonstrate that you meet all other eligibility issues such as criminal background, financial minimums, and medical clearance. Importantly, you will probably NOT need to leave the U.S. to get the green card.

Complications for Those Who Entered without a Visa or Parole:

For DACA recipients who entered the country without a visa or parole, the situation is more difficult mainly because you will need to  leave the U.S. to finalize your green card at a U.S. embassy or consulate in your home country or another approved country. Also, if you were in the U.S. for over six months after you turned 18 but before you gained DACA (or another status), you will need to  prove hardship to a relative if the green card were not approved.

Applying for a marriage-based green card is challenging, even if you did not enter the U.S. without a visa or parole. The forms and fees change periodically. The questions on the forms may be deceptively simple or, on the other hand, the questions may be difficult for to you to answer. USCIS’s instructions are not clear, and USCIS’s requests for evidence are often erroneous. USCIS interviews are becoming increasingly more uncommon, so preparation for these interviews is more important than ever because we will not necessarily know why USCIS chose your case for an interview. 

Through the years, we have helped thousands of clients with their marriage-based immigration cases. Most will attest that their work with us helped them feel confident and more at peace with a very stressful situation. Many will attest that the money they spent on our legal fees–while not the cheapest out there–was money more than well spent.  

Contact our team so that we can analyze whether you are eligible for a green card or another immigration benefit and, if so, help you embark upon this important journey.