Can Dreamers Apply for a Spousal Visa?
A marriage-based green card could be an option if you are a DACA (Deferred Action for Childhood Arrivals) recipient married to a U.S. citizen or green card holder. In this article, we will show you the process and the eligibility on standard scenarios. For further guidance, Law and Visas can walk you through the immigration maze.
What to Do if You are a DACA Holder Learn What to do.
You don’t have a choice whether to apply for a green card through marriage if you’re a DACA recipient. Regardless of whether you are married to a U.S. citizen or permanent resident (green card holder), depending on your circumstances, there are ways for you to become a lawful permanent resident.
Are You the Husband of a U.S. Citizen?
You don’t have special requirements to apply for a green card if you’re married to a U.S. citizen and came to the U.S. legally (with a valid visa). And here is what you have to know:
Visa Overstay scenario: If you came to the U.S. legally (on a valid visa or with the Visa Waiver Program) and overstayed your visa, you don’t have to leave the country to get a marriage green card. You will go through the process the same way you would a person who is a legal immigrant even if you already have DACA. You won’t have to emigrate or get a waiver to return home regardless of how long you’ve had DACA.
Legal Entry with Inspection: If you were searched by a US Customs and Border Protection (CBP) officer when you arrived and overstayed your visa, your application will go smoothly provided you have other qualifications.
Did You Enter the U.S. Illegally?
If you came to the U.S. illegally, that’s even trickier, but you can still ask for a green card:
Advance Parole (Travel Permit): If you have an Advance Parole Travel Document, you could leave the U.S. and come back legally (after inspection). You can get a marriage-based green card in the U.S. when you’re legal again and re-enter legally.
– Before 18 Years Old: If you applied for DACA before age 18 (or 180 days before age 18), you can travel out of the United States, get a green card from a U.S. embassy or consulate in your home country, and come back to the United States with the green card.
If You’ve Got DACA After 18: If you’ve got DACA after 18, and have lived in the U.S. illegally for more than 180 days, you will have to leave the country to get your green card at a U.S. embassy or consulate. But then you will be barred from re-entering the U.S. for up to 10 years. To stay away from this, you will need to submit a “Provisional Unlawful Presence Waiver” (Form I-601A) at the time of departure. Only if you can demonstrate that your spouse would experience “extreme hardship” if you could not come back to the U.S.
Multiple Illegal Entry: If you came into the U.S. illegally more than once, you can never return and no waiver can help.
Are You a Husband of a U.S. Green Card Holder?
If you are married to a U.S. green card holder (permanent resident, not U.S. citizen), there is a slightly different green card application process:
No In-Country Adjustment: U.S. green card holders cannot sponsor you for a marriage-based green card in the US, unlike U.S. citizens. You would have to request your green card from a US embassy or consulate back home.
If You Had DACA Before You Turned 18: If you had DACA before you turned 18 (or 180 days later), you could still go back to your native country and apply for a green card at the embassy or consulate. But it takes much longer for green card holders than for Americans — right now it can take months because visas aren’t out yet.
More than 180 Days After Turning 18: If you were in the U.S. illegally for more than 180 days after turning 18 when you applied for DACA, then you are still subject to the same ban on coming back to the United States for up to 10 years. You will have to file the Provisional Unlawful Presence Waiver (Form I-601A) before departing the U.S. and wait for the waiver before heading to your home country for green card processing.
For Having Come Into the US Illegally More Than Once: If you’ve slipped through the U.S. illegally more than once, you might not be allowed to come back into the U.S. again without a waiver.
Frequently Asked Questions
What Should A DACA Person Need to Be To Apply For A Marriage Green Card?
DACA recipients must also meet all the other broad criteria for a marriage-based green card, just like other foreigners applying for such a visa. Eligibility criteria: The eligibility criteria to be considered are the following:
Marriage with a U.S. Citizen or Green Card Holder: You have to be married to a U.S. citizen or permanent resident (green card holder).
Receipt of Marriage: Documentary proof of your marriage, like a copy of your marriage certificate or any other document showing you are married and reside in the same household.
Not a Criminal Record: You will have to show that you’re not banned from coming in because of criminal records or other immigration issues.
Confirmation of Good Moral Character: You will have to verify that you are good moral character and financially capable of supporting yourself and your family in the US.
Which Rights Does a DACA Dependant Have in Applying for a Marriage Green Card?
There are several very good reasons to get a marriage-based green card, including:
– Legal Status: You will be legally allowed to remain in the United States and work legally without being deported.
Work Permit: Now you can work in the United States legally and seek jobs you otherwise couldn’t as a DACA recipient.
Public Benefits: Once you are a permanent resident, you will be entitled to public benefits such as Social Security and Medicare.
Learning Access: Green Card holders have in-state tuition rates and other privileges available to residents of the United States.
Travel and Reentry: You can take a green card go out of the country and re-enter in good standing without being restricted in the same way as those with DACA.
Path to U.S. Citizenship: You can become a citizen of the US, once you have five years of your green card if you are in the right situation.
Reunification of Families: If you are a green card holder, you may be able to bring your family members into the U.S. to help you reconnect with your family.
DACA recipient: You can qualify for permanent residency if you marry a US citizen or green card holder. It is a confusing process but once you know what you need and what the hurdles are you can make an educated decision about your future in the United States. Whether you’re marrying for a green card or looking to have other types of immigration benefits, Law and Visas can give you the knowledge and guidance you need to get through the process safely.
