DACA recipients may have the option to obtain a green card without marriage. Even though the immigration system can be complex, there are viable options available to you, and with the right guidance, you can take the necessary steps to secure your permanent residency in the United States. According to the U.S. Citizenship and Immigration Services (USCIS), as of May 2024, there are approximately 578,680 active DACA recipients in the United States.
LaToya McBean Pompy immigrated to the United States herself. Her experience sparked an interest in helping many families unite in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys, who are here to help you.
Understanding Your Legal Rights in DACA and Green Cards
As a DACA recipient, you have certain legal rights and protections to help you pursue a green card. The DACA program, while not a pathway to permanent residency, provides temporary protection from deportation and the ability to work legally in the United States. This status, however, is not a guarantee of a green card, and you’ll need to explore alternative options to achieve that goal. DACA recipients can apply for work authorization using Form I-765, Application for Employment Authorization.
Getting a Green Card Without Marriage as a DACA Recipient: Checklist of Steps
If you’re a DACA recipient seeking a green card without getting married, there are several steps you can take to increase your chances of success:
- Explore family-based petitions.l If you have an immediate family member, such as a parent, child, or spouse who is a U.S. citizen or lawful permanent resident, they may be able to sponsor you for a green card. Form I-130, Petition for Alien Relative, is used for family-based petitions.
- Consider employment-based petitions. If you have a job offer from an employer willing to sponsor you for a green card, this could be a viable option. The employer must demonstrate that they cannot find a qualified U.S. worker to fill the position and that their employment of you would benefit the U.S. economy. Form I-140, Immigrant Petition for Alien Worker is used for employment-based petitions.
- Investigate humanitarian-based petitions. In certain circumstances, such as being a victim of a crime or having faced persecution in your home country, you may be eligible for a green card through humanitarian-based programs like Asylum or the Violence Against Women Act. Form I-589, Application for Asylum and Withholding of Removal, is used for asylum petitions.
- Seek educational opportunities. Higher education, such as a master’s degree or Ph.D., can open up additional pathways to a green card, such as through the EB-5 investor program or the National Interest Waiver for individuals with exceptional abilities. Form I-526, Immigration Petition for Standalone Investor is used for the EB-5 program.
- Consult with an immigration lawyer. Given the complexity of the immigration system, it’s highly recommended that you seek the guidance of an experienced immigration attorney who can help you navigate the process and identify the best options for your specific situation.
FAQs: Getting a Green Card as a DACA Recipient without Marriage
Can someone on DACA get a green card?
Yes, it is possible for a DACA recipient to obtain a green card, but the process can be complex and may require exploring alternative options beyond marriage-based petitions.
How can a DACA recipient get a green card without marriage?
DACA recipients can explore family-based, employment-based, or humanitarian-based petitions to obtain a green card without getting married. Consulting with an immigration lawyer is highly recommended to identify the best pathway for your situation.
What are the requirements for a DACA recipient to get a green card?
The requirements for a DACA recipient to get a green card vary depending on the specific pathway being pursued, such as whether it is a family-based, employment-based, or humanitarian-based route. An immigration lawyer can help you understand the eligibility criteria and documentation needed for your case.
How long does it take for a DACA recipient to get a green card?
The timeline for a DACA recipient to obtain a green card can vary significantly, depending on the country they are from, the type of petition, the backlog of applications, and the case’s individual circumstances. An immigration lawyer can provide a more accurate estimate based on your situation.
Can DACA recipients apply for a green card?
Yes, DACA recipients can apply for a green card, but the process may involve exploring alternative options beyond marriage-based petitions. Consulting with an immigration lawyer is crucial to understanding the available pathways and increasing your chances of success.
Planning Your Roadmap to Success
Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become a reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.
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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
