As a DACA recipient, it is possible to apply for a green card after having maintained your status for at least 2 years. However, you must have a qualifying relative who is either a US citizen or lawful permanent resident (LPR). You also need to have an understanding of what is DACA and how it works.
The petitioner must be either your spouse or a parent. If you are the beneficiary of an I-130 petition filed by your parents(s), you may file Form I-485 to adjust your status in the United States within 90 days from the date of approval from USCIS.
However, if you are filing under any other category other than immediate relatives (spouses and unmarried children of U.S citizens), then there will be additional requirements that need to be met before we can proceed with filing an adjustment application on your behalf.
Can My Employer Sponsor A DACA Recipient for A Green Card?
If you are a DACA recipient, your employer cannot sponsor you for a green card. However, the employer can file a petition for your spouse or children (under age 21). If they do so and if USCIS approves the petition, then your family members will be eligible to apply for permanent residency (a green card).
In order to qualify as a “spouse” or “child” under this program, they must meet certain requirements:
- They must be related to you by blood or marriage
- They must not live in the U.S. without authorization
Can A DACA Recipient Get A Family-Based Green Card?
If you are a DACA recipient, you can apply for a family-based green card if:
- You have an immediate relative who is either a U.S. citizen or a permanent resident (green card holder). Immediate relatives include: parents and children over 21 years old that are unmarried, children under 21 years old who are unmarried and living with the applicant, and spouses of U.S. citizens or permanent residents.
- Your spouse has been married to you for at least two years
The process for applying for a family-based green card is similar to that of other immigrants seeking approval from USCIS, but there are several important distinctions based on your status as an undocumented immigrant through DACA. If you meet all the requirements and get approved by USCIS in this situation, the next step is completing Form I-485 Application to Register Permanent Residence or Adjust Status (this form applies whether you’re applying based on employment) with supporting documentation and sending it to NVC along with your fingerprints fees so they can schedule an appointment at one of their offices around the world (if applicable).
Conclusion
Green card holders can apply for U.S. citizenship after 5 years and, in some cases, sooner, if they have employment, military service or other reasons to be granted expedited citizenship. If you’re a DACA holder, you can still apply for a green card.
However, you need to be of impeccable character and fulfill all the conditions required by the law. Ensure you follow all the specifications on the application papers to qualify for a green card.
