Published: December 7, 2021
In 2012, President Obama introduced the Deferred Action for Childhood Arrivals (DACA) program to protect eligible undocumented youth from deportation. Through this program, qualified individuals could freely go to school, work, and help alleviate their families’ poverty. Although President Trump terminated DACA, President Biden restored it during his term.
Deferred Action
Deferred action refers to the use of prosecutorial discretion to postpone the removal of an immigrant from the United States for a specific period. While their deportation is deferred, immigrants do not acquire legal status. Those who qualify for the DACA program cannot have direct citizenship or permanent residency access. DACA recipients have to apply for renewals every two years to maintain their work permits and avoid deportation.
Green Card Possibility
True, there is no direct way for DACA beneficiaries to become Green Card holders. However, there are other legal ways for them to become an LPR. Individuals who entered the United States lawfully with Advance Parole or a valid visa may qualify to apply for a Green Card. Out of the available pathways, many DACA beneficiaries go for the Family-based Green Card route.
Family-Based Green Card Pathway
DACA beneficiaries may qualify for a Family-based Green Card if they are immediate family members of U.S. Citizens or Green Card holders. However, applicants must note whether their entry to America was legal or illegal. Those who entered legally may apply within the U.S. territory and continue residence there. In contrast, individuals who entered the country illegally may need to return to their country of origin and initiate consular processing there. The applicant’s situation will depend on many factors before deciding how to proceed.
The Legal Help You Need
Whatever your status may be, ALG Lawyers will be there to assist you. Our Los Angeles immigration attorneys have the tools, connections, and experience to give the most appropriate solutions for your problems.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)