What Is DACA?
Navigating the complex journey from DACA program protection to US citizenship requires strategic planning and experienced legal guidance. If you’re a DACA recipient wondering about your pathway to permanent residency, this comprehensive guide outlines the legal options available to transform your temporary protected status into lasting employment authorization and eventual citizenship.
DACA program recipients face unique challenges in the immigration system, but several pathways exist to achieve lawful permanent residence. Understanding these options empowers you to make informed decisions about your future in the United States. Whether you entered legally or without inspection, specific legal mechanisms can help you transition from deferred action to a green card holder while maintaining protection from ICE enforcement actions.
This article explores proven strategies for DACA recipients seeking permanent solutions, including adjustment of status procedures, advance parole opportunities, and family-based petitions. Kansas City Immigration Lawyers provides expert guidance through each step of this transformative process, ensuring your temporary protected status evolves into permanent legal residence.
Eligibility Requirements for DACA
You are eligible to request deferred deportation under DACA if:
- On June 15, 2012, you were under 31 years of age
- You arrived in the US before turning 16
- You have continuously resided in the US since June 15, 2007
- You were physically present in the US on June 15, 2012
- You had no lawful status on June 15, 2012
- You are currently enrolled in school, have graduated or have obtained a General Educational Development (GED) certificate, or are a veteran of the Coast Guard or Armed Forces of the United States
- You have no felony or significant misdemeanor convictions, more than three misdemeanors, and do not pose a threat to public safety
However, even if you meet these criteria, DACA has no guaranteed approval. Each application is reviewed on a case-by-case basis, and USCIS (United States Citizenship and Immigration Services) has the discretion to deny an application even if the individual meets all the eligibility requirements.
DACA AS A PATHWAY TO PERMANENT RESIDENCY AND CITIZENSHIP
Beneficiaries of DACA are protected from forced removal from the US and are legally allowed to work. The process does not confer “lawful immigration status,” so it cannot directly lead to citizenship. The applicant may, however, have an opportunity to become a citizen in the future, depending on the status of their current immigration.
As a DACA recipient, you may already meet the legal entry requirements for an immigrant visa (“or green card”) if you entered the country with a valid US visa. The US Citizenship and Immigration Services (USCIS) generally approves green cards for those with a close relative, such as a spouse, who has US citizenship or permanent residence. Once you hold a green card for several years, you can apply for naturalization to become a US citizen. A green card lawyer can help you with this process.
You might be eligible for advance parole if you entered the country illegally without a valid visa. Advance parole allows you to return to your home country for certain reasons and return to the United States.
USCIS approves DACA applications at their sole discretion, and refusals cannot be appealed. Getting things right the first time is, therefore, crucial. With the representation of an immigration lawyer, you can significantly increase your chances of receiving approval by avoiding errors in your application.
Pros & Cons of a Path to Citizenship for DACA Recipients
Here are some pros and cons of DACA for permanent resident status.
Pros
- Many people think that it is morally just to provide a path to citizenship for DACA recipients, who were brought to the US as kids and have grown up in the country. They have lived in the US for most of their lives, and it is not fair to force them to live in a state of uncertainty and fear of deportation.
- Providing a path to citizenship for DACA recipients could also lead to social benefits, such as greater civic engagement, increased educational attainment, and improved public health outcomes.
- DACA recipients often have strong ties to their communities and families in the United States. Deporting them to countries where they have no support could be cruel and inhumane.
Cons
- Providing a path to citizenship for DACA recipients could incentivize more illegal immigration, as parents may bring their children to the United States with the hope of obtaining citizenship in the future.
- It could be seen as unfair to people who followed a legal pathway to citizenship.
The federal law to get a lawful permanent resident status allows different pathways to get permanent legal status. But people with DACA status don’t yet have a direct path to citizenship in US immigration law.
TRANSITION FROM DACA TO CITIZENSHIP WITH KC IMMIGRATION LAWYERS
Deferred Action for Childhood Arrivals (DACA) is a temporary program enacted in 2012 that provides work authorization and relief from deportation for immigrants brought to America as children. In other words, beneficiaries of DACA are protected from removal from the US and are legally allowed to work. Furthermore, if the DACA recipient entered the US legally, they may be able to apply for a lawful permanent resident legal status.
However, many DACA recipients entered the United States unlawfully without a valid immigrant visa. That means they don’t meet the legal requirement to become US citizens. On the other hand, they may be eligible for advance parole—travel documents that allow them to travel abroad and lawfully re-enter the US when they return. But there may be other ways for DACA recipients to get a green card.
If you have further questions about the DACA to permanent resident and citizenship process, Kansas City Immigration Lawyers can help. We can guide you on your immigration journey and answer any related questions. Call us today to book a free consultation with a DACA immigration attorney.
Frequently Asked Questions About DACA to Citizenship
Can Daca Recipients Apply Directly For Citizenship?
No, DACA program status does not provide a direct path to citizenship. Recipients must obtain lawful permanent residence through family petitions, employment sponsorship, or other qualifying pathways before becoming eligible for naturalization.
How Long Does The Process Take From DACA to a Green Card?
Processing times vary significantly based on the specific pathway and individual circumstances. Family-based cases typically process faster than employment-based applications, while advance parole cases require additional steps that may extend timelines.
What Happens If My DACA expires During The Green Card Process?
It is crucial to maintain valid DACA status throughout the adjustment process. File renewal applications well before expiration dates, and consult with immigration attorneys if processing delays threaten your protected status.
Can I Travel While My Adjustment Of Status Is Pending?
Travel during pending adjustment requires advance parole authorization. Leaving the United States without proper documentation can abandon your pending application and trigger removal proceedings.
What If I Have Criminal History Issues?
Minor violations may not disqualify you from adjustment, but any criminal history requires careful legal analysis. Immigration attorneys can evaluate your specific circumstances and advise on waiver options if necessary.
How Much Does The Adjustment Process Cost?
Government filing fees vary by case type and may change periodically. Additional costs include medical examinations, attorney fees, and supporting documentation. For accurate information, consult current USCIS fee schedules.
Can Same-sex Spouses Petition For Daca Recipients?
Yes, lawfully married same-sex couples have the same immigration rights as opposite-sex couples following the Supreme Court’s marriage equality decision. US citizen spouses can petition for their DACA recipient partners regardless of gender.
