can i apply for a green card with daca
Consulate or embassy in your home country regardless of whether you came to the US. Yes it is possible for DACA recipients to apply for a green card if they meet the lawful entry requirement.
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If you are a DACA recipient married to a green card holder or US.
. You will have the chance to go back to your home country and apply for a green card through a US. DACA recipients may likewise be eligible to apply for a green card if they are married to current green card holders. However certain individuals with deferred action can apply for permanent residence in the United States.
Citizen or lawful permanent resident. Previously DACA recipients could get a green card through adjustment of status by traveling with advance parole. The Deferred Action for Childhood Arrivals DACA is a deferred action policy aimed at protecting qualifying undocumented immigrants who came to the US.
This answer is tricky and requires the advice of an experienced immigration lawyer in Austin. The application process will differ slightly depending on your spouses immigration status and whether you came into the United States lawfully or unlawfully. If youve entered the US.
Speak with your immigration lawyer if you are considering taking the route of DACA to green card through employment. Call us on 1 844 290 6312 for immediate help assistance with your immigrant visa. Reasons why you may be inadmissible are listed in the INA 212 a and are called grounds of inadmissibility.
In order to do so their employer must file an immigrant petitionForm I-140 or Form ETA-750. For those with DACA status it is difficult to move to permanent legal resident status also known as having a green card. To qualify for a Green Card you must be admissible to the United States.
In other words your marriage must be legal and made in good faith rather than for the purpose of committing immigration fraud. These children known as Dreamers are afforded certain legal rights. You just need to comply with the eligibility criteria we explain below.
In general USCIS can only approve your Green Card application only if none of the grounds of inadmissibility apply to you. DACA Recipients Married to Green Card Holders. Even though you can get a work permit drivers license and a social security number with DACA having DACA still has its challenges.
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. I-601A Provisional Waiver. Apply for a Green Card While Living Abroad.
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 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. 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 turning age 18 or within 180 days after turning 18. The best thing to do in this case is to. If you get DACA status and then marry a US.
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. Yes in certain circumstances DACA recipients can get Green Cards. Citizen there are two paths to consider.
Citizen there are so many legal factors that need to be considered when applying for permanent residency through marriage. Citizen you may be eligible for a green card based on your marriage. 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.
Because DACA recipients are young people it is rare that a DACA holder can obtain a green card through employment. 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.
Unfortunately the current DACA policy does not offer Dreamers a direct path to a green card lawful. The DACA program does not provide a direct path to permanent residence green card. As long as youre married to a US.
CAN DACA RECIPIENTS GET A GREEN CARD. You can however use your DACA status to open some doors. 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.
From DACA to Green Card Since many persons with DACA cards entered the US without inspection they have been told that it is impossible to become a lawful permanent residents of the US. Being Sponsored for a Green Card. 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.
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. 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. 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.
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. In other words under current immigration law no individual can apply for a green card on the basis of having DACA. You would need to meet the main eligibility requirements for getting a marriage-based green card.
While the process is easier if the sponsoring spouse is a US. Yes it is possible for DACA recipients to apply for a green card if they meet the lawful entry requirement. And generally prohibits from filing.
Permanent resident through consular processing applying from a US. We can assess your eligibility and advise you on your options. Lawfully with Advance Parole or if you first entered with a valid visa.
Can DACA Recipients Apply for a Green Card. DACA Path to Citizenship. You should be able to return to your country of origin and apply for a green card through a US.
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. Citizen or a lawful permanent resident green card holder you can apply for a green card as a DACA recipient. Go to our Green Card Eligibility Categories page to see all the possible categories you can apply under and what the eligibility requirements are.
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