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Logical Immigration

I have DACA. Can I get my Green Card?

Posted by Jason Baril | Apr 13, 2021 | 0 Comments

DACA has been tumultuous at best with the prior administration. DACA should become much more predictable under the new administration and if the new administration has its way DACA will be a path to citizenship soon. With DACA not under attack, Where does my deferred action status lead? Can I get a green card?

To begin with, understand that DACA is not an immigration status. (What are the DACA eligibility factors?). Remember that DACA does not confer legal status but stops the government from deportation proceedings and grants the individual on deferred action certain rights like obtaining a social security card and work credits. DACA status requires renewal every two years and the petition should be filed no later than month 18 so that the petitioner does not lose their status.

On form I-821D make sure if applying for renewal that you check the appropriate box as well as make sure you put the date your current deferred action expires. These are only two of the problems we have had clients encounter and why we encourage all of you to hire competent legal counsel for these very serious matters.

What does that mean for a DACA holder?

DACA holders can get a work permit (permiso), a driver's license, can qualify for a loan, and live a somewhat normal life in the United States. If a DACA holder commits a crime, however, their status may be in jeopardy and if it is a felony the likelihood is ten fold.

Find love with an American citizen, then the DACA holder can get a green card because of that marriage. Another avenue for the DACA holder is if parents, siblings, or children become United States citizens, they may be able to sponsor you for a green card based on that family relationship. Remember marriage is founded on love, not done to get immigration status. In fact, getting married for immigration status is a crime.

DACA and Advance Parole

Unlike other undocumented people, DACA holders under limited circumstances maybe approved for travel.  Specifically, DACA holders need permission to travel, available for “humanitarian, education, or employment” purposes only (so vacations would not qualify). I-131, Application for travel document must be approved and can take longer than 6 months to get approved. T

No matter what your circumstances or background, if you think you are eligible for DACA call National Immigration Attorneys we will make sure you have the best odds of success.

About the Author

Jason Baril

Jason has spent his entire career fight for those who need help and often times do not get the help they need. In addition to Immigration Law, Jason has worked on Criminal, Social Security Disability and Personal Injury cases which gives him diverse experience on many legal issues. 


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