DACA Green Card: How Marriage to a U.S. Citizen Can Lead to Legal Status

Yes, some DACA recipients can get a green card through marriage to a U.S. citizen, but eligibility depends on how they entered the U.S. and other factors.

Marriage to a U.S. citizen does not automatically grant lawful status. However, it can create a pathway to apply for a DACA green card if the individual meets certain requirements:

• Marital Status

  You must be legally married to a U.S. citizen. Being engaged or in a long-term relationship does not count. Ensure that you have a valid marriage for immigration purposes and can also demonstrate that the marriage is geniune.

• Immigration History

  Your eligibility to apply for a DACA green card without leaving the U.S. is highly dependent on how you entered. You must have entered the U.S. legally, even if your permitted stay expired many years ago. You'll need to prove the entry was legal with an I-94 arrival/deparature record or stamped passport.

• Legal and Criminal History

  USCIS will review your legal background carefully. Thus, it's important you do not have any serious criminal convictions (e.g., drug offenses, fraud, or domestic violence); you must not have falsely claimed U.S. citizenship; and you must not have unresolved deportation or removal orders on your record. Even with a history of minor criminal offenses and resolved legal issues, it's best to speak to an immigration attorney how they may affect your application.

• Readiness and Support

  Your U.S. citizen spouse must be willing to sign the petition and agree to financially support you if you should ever become dependent on government assistance. If your spouse cannot qualify as the financial sponsor, other family members can help.

In fact, any undocumented immigrant who meets these criteria could potentially obtain legal status in the same way. DACA isn't a requirement.

Before starting the process, it's important to understand whether you meet the basic eligibility requirements for a DACA green card through marriage to a U.S. citizen. Use this checklist to self-evaluate your situation:

• Are you and your U.S. citizen spouse in a real, committed marriage that was not entered into for the primary purpose of obtaining immigration benefits?
• Did you enter the U.S. with a valid visa or parole?
• Can you confirm that you have never been arrested?
• Can you confirm that no deportation or removal order has ever been issued against you?
• Do you have a spouse who is willing to financially support you if necessary?

If you answered "yes" to all or nearly all of these questions, you may be eligible to apply for a DACA green card through marriage. You may also use CitizenPath's online preparation service to evaluate your situation more thoroughly. There's no charge unless you choose to finalize the application.

Having a lawful entry (such as coming through an airport or border checkpoint with a visa) often determines how easily a DACA recipient can apply for a green card.

If a DACA recipient entered the U.S. legally, even if they later overstayed or fell out of status, they can likely adjust status (apply for a DACA green card) from inside the United States after marrying a U.S. citizen.

But if they entered the U.S. without inspection (unlawfully), the process is more complicated. In most cases, they will need to leave the country and apply for an immigrant visa abroad. This step can trigger a 3- or 10-year bar to reentry.

If your most recent entry to the U.S. was unlawful (entered without inspection), you may need to apply for a waiver and complete consular processing abroad.

This process is called consular processing. While it is a viable path to a green card, it includes serious risks:

• Departing the U.S. can trigger a 3- or 10-year reentry bar if you've been unlawfully present for more than 180 days or one year, respectively;
• You may be required to file Form I-601A, Application for Provisional Unlawful Presence Waiver; and
• You must demonstrate that your U.S. citizen spouse would suffer extreme hardship if you're denied reentry.

Obtaining a green card with an unlawful presence waiver can be challenging and uncertain, particularly in the current political environment. If you need to pursue this option, please find an experienced immigration attorney to assist you.

Once you determine that you are eligible, the next step is to prepare and submit an application for adjustment of status. This process allows you to apply for a green card from within the United States without having to leave the country. Below is an overview of what this application typically includes.

To apply for a green card through marriage, you’ll need to file several immigration forms with U.S. Citizenship and Immigration Services (USCIS). These forms include:

• Form I-130, Petition for Alien Relative
• Form I-130A, Supplemental Information for a Spouse Beneficiary
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-765, Application for Employment Authorization (optional)
• Form I-131, Application for Travel Document (optional)
• Form I-864, Affidavit of Support
• Form I-693, Report of Medical Examination and Vaccination Record

Each form may require a filing fee and has specific requirements, so it’s important to follow USCIS instructions carefully. CitizenPath can help you with all requirements to make sure you get approved. To see all costs, see the typical forms and fees for adjustment of status.

In addition to the forms, you must submit evidence to support your application. Some of the important items you'll need include:

• Proof of your lawful entry (e.g., visa stamp, I-94 arrival/departure record, or evidence of advance parole)
• Copy of your DACA approval notice and work permit (EAD)
• Marriage certificate to show a valid marital relationship
• Proof of your U.S. citizen spouse’s status (e.g., birth certificate, U.S. passport, or naturalization certificate)
• Joint documents to prove a bona fide marriage (e.g., joint leases, shared bank accounts, utility bills, photos, and affidavits)
• Government-issued ID such as a passport or national ID
• Two passport-style photos of both spouses

Make sure all documents are in English or include a certified translation. Providing complete, well-organized information helps avoid delays or rejections. It may seem overwhelming, but CitizenPath's process can break it down into steps to make it easy.

CitizenPath's online service provides simple, affordable, step-by-step guidance for marriage-based green cards, including DACA and other undocumented applicants.

We offer an Adjustment of Status Package (Forms I-485, I-130 and I-130A) and services to help you prepare all other USCIS forms. Immigration attorneys designed our service to help you avoid costly mistakes, rejections and denials without the high cost of an attorney.

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