Can Daca Recipients Get Green Card Through Marriage?

DACA recipients can potentially obtain a marriage green card through marriage if they are married to a U.S. citizen or a lawful permanent resident (green card holder). The process varies depending on factors such as the manner of entry into the U.S. and the immigration status of the spouse. It is advisable to seek professional legal advice from an immigration attorney.

If the DACA recipient entered the U.S. without inspection, they may face additional challenges in the green card application through marriage. Green card holders living in the United States can sponsor a spouse for a green card through marriage, but the petitioning spouse must live outside the U.S. unless the filing date for the F-2A category in the visa bulletin for the month of filing is current.

The DACA to Green Card Through Marriage timeline can take between eight months to two years to complete, but may also take longer. Important considerations include the four-six month timeline for your Form I-601A waiver (if this is a step you must take) and the variance in time between your Form I-130 approval and the DACA to Green Card Through Marriage process.

In summary, DACA recipients can potentially obtain a marriage green card through marriage if they are married to a U.S. citizen or a lawful permanent resident. However, there may be challenges along the way, and it is essential to consult with an immigration attorney for guidance and support.

Can marriage give you a green card?

Yes. USCIS grants two-year conditional permanent residence for marriage. After two years, you must file Form I-751 to remove the conditions of residence and get a permanent green card.

It might be hard to travel after marrying an American. Is that true? Yes. If you marry an American or green card holder, be careful about travel. If you are in F, J, or tourist status, you must have a home abroad and intend to return. When you apply for a visa, you have to prove you have ties to your home country. Marriage to a U.S. citizen makes it hard to prove you have ties to your home country because you are assumed to want to immigrate to the United States. If you need a new visa to return to the United States, your will visa is likely to be denied, even if you plan to continue as a full-time student. What if I have a student visa? Can I travel then? As long as you have a valid visa, are a full-time student, and have your I-20 or DS-2019 signed for travel by OIS, you may be able to re-enter the United States even if you have married a U.S. citizen.

Is DACA considered a U.S. citizen?

DACA helps some undocumented immigrants, called “DREAMers,” who came to the U.S. as children. This policy lets them avoid deportation and get a work permit, social security number, and driver’s license, so they can live and work in the U.S. legally. Each DACA approval lasts two years and can be renewed, giving protection and job opportunities. DACA is not a green card or a path to citizenship. It’s not a permanent solution. How to pay for paper renewals: Make two separate payments: $85 for the application form (Form I-821D) and $520 for the work permit application (Form I-765).

How long does it take to get a green card after marriage?

How long does it take to get a green card? How long it takes to get a green card depends on the type of application and USCIS processing times. A marriage green card can take 13.5–40 months. Even if you think you qualify for a family-based green card, you probably want to get it. Family-based green cards take time to get. Boundless can help you apply faster. Save 30 hours on your green card application. Start today!

How long do I need to be married to get a green card?

USCIS will issue you a conditional marriage green card if you have been married for less than two years. You can apply for a green card after two years of marriage.

If the Immigrant Spouse Lives Outside the U.S. (11-17 Months). If you are married to a U.S. citizen and live outside the U.S., it takes about 11-17 months to get a marriage green card. It’s a four-step process. Read on to learn about the steps and how long they take.

Petition. First, file Form I-130 to prove your marriage. Petition for Alien Relative. The sponsoring U.S. citizen or green card-holding spouse files this form for the immigrant spouse residing outside the U.S. You must submit the Form I-130 application package with supporting documents and mail it to the USCIS address.

Can you get a green card after DACA?

Can DACA recipients get an H-1B work visa? Yes, in some cases. DACA recipients may be eligible for an H-1B visa if they meet certain requirements. Because DACA is not a legal status, an H-1B visa could provide some DACA recipients with legal status in the U.S. An H-1B visa allows companies to hire foreign workers with a bachelor’s degree or higher in a specific field. USCIS says these jobs include architecture, engineering, math, science, medicine, education, business, accounting, law, theology, and art. Congress set a limit of 65,000 H-1B visas per year and an exemption for those with advanced degrees. The exemption provides 20,000 more H-1B visas for those with a U.S. master’s degree or higher. Not all H-1B visa applications are subject to the cap. Jobs in colleges, non-profits, or government research programs are exempt from the cap and don’t require the lottery. DACA recipients may be eligible for an H-1B visa if they meet certain qualifications.

Bachelor’s degree. DACA recipients must have a bachelor’s degree and an offer of employment from a sponsoring employer. DACA recipients must have a job offer or a job from an employer that can sponsor them to get an H-1B visa. The job must be in a specialty occupation, which means it requires a bachelor’s degree or higher. DACA recipients must have entered the U.S. lawfully. They must have entered the U.S. with a tourist visa or temporary status. DACA recipients who entered the U.S. illegally may not meet this requirement, but they may be able to leave and re-enter legally. They must have been in the U.S. for less than six months. DACA recipients must have been in the U.S. for less than 180 days. This starts when you turn 18. Once you have DACA, you are not considered “unlawfully present” in the U.S. The key for DACA recipients is having less than six months of unlawful presence in the U.S. If you were under 18.5 years old when you got DACA, you would have less than six months of unlawful presence. If they also meet the other requirements, they can get an H-1B visa. Most DACA recipients meet the first two qualifications. In 2021, 40% of DACA recipients were in school, with 83% working towards a bachelor’s degree or higher. About 408,000 undocumented students are in college, including 141,000 who could get DACA. Many DACA recipients have already graduated with a bachelor’s degree. Of students pursuing advanced degrees, 33.6% of undocumented students and 37.1% of DACA-eligible students have an undergraduate degree in a STEM field. Would DACA recipients have to leave the U.S. during the H-1B visa process? Yes, but only temporarily. DACA makes it legal to live in the U.S., but it doesn’t give you a status. An employer can file an H-1B petition for a DACA recipient in the US, but the recipient may have to leave the US for a short time to start the consular process. If everything goes well, the person can return to the US on their H-1B visa. DACA recipients can leave and return to the U.S. temporarily even if their H-1B petition is rejected. A DACA recipient can travel outside the U.S. in one of three ways:

Humanitarian: This includes funerals, visiting sick family members, and getting medical supplies. Educational: This includes study abroad and research trips. This includes job interviews, meetings, conferences, and work travel. If a DACA recipient has a job offer, they can apply for advance parole. Can DACA recipients with an H-1B visa adjust to lawful permanent resident status? Yes. DACA recipients with an H-1B visa can adjust to LPR status. The H-1B visa allows immigrants to become permanent residents after six years. While on an H-1B visa, the employer can sponsor the holder for a green card. Most H-1B visa holders apply for an EB-1, EB-2, or EB-3 visa.

Are there exceptions to the unlawful presence requirement? The D-3 Waiver, also known as the INA §212(d) waiver, excuses certain grounds of inadmissibility for individuals seeking to enter the U.S. A D-3 waiver usually lets people return to the US even if they have been in the country for more than 180 days illegally.S. A D-3 waiver could let DACA recipients with H-1B visas leave the US to apply for an H-1B visa at a consulate or port of entry in their home country. They would then enter the United States with a valid visa and work authorization. The D-3 waiver could help DACA recipients who have been in the U.S. for more than 180 days. Once they leave, they can’t come back for 3 or 10 years. More research is needed on this, but it’s a promising area of study.

How long does it take to get a green card after advance parole?

Receipt of Employment Authorization Document and Advance Parole (About 90 Days after Filing) Appointment Notice (5-8 months after filing) Get your welcome notice and green card in the mail (6-10 months after filing).

How to get a green card in the USA without marriage?

Other ways to get a U.S. green card: Employment-Based Visas Employment-based visas let you live and work in the US permanently through meaningful employment. … Alternate Family Preference Visas. … Diversity Lottery Visa. … Asylum or Refugee Visa. … Investment Visa. … Special Programs. The United States has a rich history of immigration, so it is very culturally diverse. Many people want to live and work in the country permanently. While many immigrate through marriage, there are other ways to immigrate. A California immigration attorney can help you learn about your case and your options. A green card makes immigrants legal permanent residents. Immediate relatives of U.S. citizens, including spouses, can apply for one. However, there are other ways to get a green card without family in the U.S. Q: How Can I Increase My Chances of Winning the Green Card Lottery? Q: What Is the Most Common Way to Get a United States Green Card? Q: Can I Get a United States Green Card Without a Sponsor? Q: What Is the California TRUTH Act?

How fast can you get a green card after marriage?

How long does it take to get a green card through marriage? It takes about nine months to get a green card through marriage. It takes longer if you’re married to a U.S. citizen or green card holder. What is a marriage green card? A marriage-based green card lets a U.S. citizen or green card holder’s spouse live and work anywhere in the United States. A green card holder is a permanent resident until they apply for U.S. citizenship after three years of marriage.

Quick facts. As of January 2024, it takes 9.3 months to get a marriage green card. The cost is $3005 for couples living in the U.S. and $1340 when one or both spouses live outside the U.S. The first step is for the sponsoring spouse to file Form I-130 to prove the marriage is real.How to get a marriage green card Supporting documents for a marriage green card Timeline for a marriage-based green card Cost of a marriage-based green card Process for marriage green card applicants Denial rate for marriage green card applicants What’s next? FAQs for marriage green card applicants Boundless guides Information about marriage green cards Boundless reviews.

Can DACA join the military?

H.R. 435 lets DACA recipients join the military if they meet the other requirements. The bill does not waive other military enlistment requirements.

Can a DACA recipient get married to a U.S. citizen?

Pathways to Green Card: Marriage can help you get a green card. A DACA recipient can get a green card through marriage if they are married to a U.S. citizen or a permanent resident. However, the process and requirements depend on the immigration status of the spouse and how the DACA recipient entered the U.S. If the DACA recipient entered the U.S. legally, they can apply for a green card from within the U.S. You can enter the country with a visa or by going through customs. This also applies to DACA recipients who overstayed a visa and became undocumented. They can still enter the U.S. if they have not left since their initial entry.

Overcoming Obstacles: Unlawful Entry and Re-Entry. DACA recipients who entered the U.S. illegally face extra problems. They must apply for a green card from outside the U.S. using “consular processing” and meet the legal entry requirements. DACA recipients can apply for advance parole to return to the U.S. after traveling abroad for specific purposes.