For people with Deferred Action for Childhood Arrivals getting a green card through marriage can be a great way to become a lawful permanent resident. While it doesn’t provide a direct path to permanent residency or citizenship, it can still help its recipients who want to immigrate using marriage. This guide will explain all you need to know about getting one.
Deferred Action for Childhood Arrivals and Its Current Status
It benefits those whose earliest ever memories were formed in the United States, and who are undocumented, having come to this country with their families as young children. It provides them temporary protection from deportation and the ability to work in the United States, without a pathway to permanent residency or citizenship.
How it Helps with Marriage-Based Green Cards
Marrying a U.S. citizen is a common way for its holders to become lawful permanent residents as it doesn’t offer special benefits for marriage, but can help in certain ways.
Requirements for a Marriage-Based Green Card
To get a green card through marriage, you must meet these requirements:
- You must have a real, legal marriage with a U.S. citizen. Immigration authorities will check to ensure the marriage is genuine.
- Be eligible for a green card either through adjustment of status in the U.S. or consular processing in your home country. Adjustment of status is often easier but requires lawful entry into the U.S. Consular processing can lead to long separations due to past unlawful presence.
- You must be admissible to the U.S. This means you cannot have certain criminal convictions or a long history of unlawful presence.
How It Can Help with Adjustment of Status
To apply for a green card, you usually need to show you entered the country lawfully. Some of its recipients have travel authorization which lets them leave and re-enter the U.S. lawfully. This can help with adjusting status, but the rules are complex, so consult an attorney before traveling.
Using Its Travel Authorization
Its recipients who traveled with advance parole and returned have a lawful entry on record. If they meet other criteria, they can apply for a green card in the U.S. However, they still need to prove their marriage is real and that they are admissible.
Consular Processing and Deferred Action for Childhood Arrivals
Even if DACA recipients didn’t travel, It helps because time spent under it doesn’t count as unlawful presence. This is important for avoiding the three-year and ten-year reentry bars. For those who entered the U.S. as children and are recipients before turning 18, they likely have little or no unlawful presence. Consular processing might be an option, involving a short stay in their home country to get an immigrant visa. Always seek legal advice before pursuing this option.
The Permanent Bar for a Marriage-Based Green Card
This applies to people who have been unlawfully present for a year and then try to re-enter the U.S. illegally. Most recipients likely have one year of unlawful presence because they had to be out of status to qualify. However, those who entered once and stayed might avoid the permanent bar as it applies mainly to those with multiple illegal entries.
Get Legal Help for a Marriage-Based Green Card
Immigration laws are complicated, and mistakes can seriously affect your ability to get a green card. It’s crucial to work with an immigration attorney who understands marriage-based green card applications.
Can a DACA recipient travel outside the U.S. while their green card application is pending.
Travel Restrictions while Green Card is Pending
Travel Without Advance Parole:
If a DACA recipient leaves the U.S. without having received Advance Parole, their pending green card application will be considered abandoned, leading to an automatic denial of that application.
Advance Parole Requirement:
DACA recipients must apply for and obtain Advance Parole before travelling abroad. This document allows them to leave the U.S. temporarily and return without jeopardizing their immigration status.
Application Process:
To apply for Advance Parole, DACA recipients must file Form I-131 (Application for Travel Document) and provide supporting documentation that justifies the need for travel, such as humanitarian, educational, or employment-related reasons.
Risks of Travel:
Even with Advance Parole, re-entry into the U.S. is not guaranteed. Customs and Border Protection (CBP) officers may still determine inadmissibility upon arrival.
Timing Considerations:
It is advisable to plan travel carefully, considering potential delays that could affect the validity of the Advance Parole document upon return
While DACA doesn’t provide a direct route to a marriage-based green card, it can help make the process easier. With the right legal guidance and understanding of the rules, Its recipients can use marriage to a U.S. citizen to achieve lawful permanent residency.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Conditional Permanent Residency or a Fiancé(e) Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
