What Are the Options for DACA Recipients?

Deferred Action for Childhood Arrivals (DACA) is a program that began in 2012 under President Obama’s administration. Although DACA was never a guaranteed path to U.S. citizenship, it did shield recipients from deportation and made them eligible for work authorization. Dreamers or DACA recipients still face an uncertain future, especially with the Trump administration’s constant changes to immigration policies.

There are some immigration options for people with DACA status to get a more stable immigration status. For legal advice about legal status eligibility, talk to an experienced immigration attorney.

Initial DACA Policy

“DACA basically means that the government is not prioritizing nor deporting people who are in this limited class,” says Anastasia Tonello, an immigration attorney at Laura Devine Attorneys. “You can’t adjust status if you haven’t come in through an immigration channel. So people who came as children and who don’t have any proof of it, they’re really in a bad situation.”

“It allows recipients to get Social Security numbers, to attend high school more easily, and, of course, get employment authorization,” says Michael Z. Goldman, a solo immigration attorney. “Without it, these youngsters — many of whom essentially grew up here like any other U.S. citizen — would be living in the shadows like their parents, unable to participate in society.”

The Dream Act was never passed into law, and first-time applicants cannot seek protection even if they otherwise have DACA eligibility. The U.S. Citizenship and Immigration Services (USCIS) no longer processes new DACA applications. However, the current policy still allows people under DACA protections to renew their status.

“The DACA renewal process is pretty simple,” says Goldman. “It’s essentially a new form, and they run your fingerprints again, to make sure you haven’t been convicted. They’ll do a new background check. You don’t have to really reestablish anything on a substantive basis.”

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Family-Based Green Card

DACA recipients who have an immediate relative who is a U.S. citizen are eligible for sponsorship from that relative for lawful permanent residence (LPR). Sponsorship means the sponsor can demonstrate the ability to financially support the immigrant relative. Eligible immediate relatives include U.S. citizen spouses, parents (if the petitioner is 21 or older), and unmarried children under 21.

If a DACA recipient has a spouse or parent who has a green card, they may also be eligible for green card sponsorship. For recipients with a qualifying relative, the green card application process will vary based on how they entered the U.S. and the status and relationship of the family member who will be the sponsor. The process will generally be easier if the DACA recipient entered on a visa through lawful entry as opposed to unauthorized entry.

As an LPR, you can get a work permit (EAD), travel outside the U.S. without advance parole, and other immigration benefits. Talk to an immigration lawyer about applying for lawful status to stay and work in the U.S.

Qualifying for Asylum

Asylum applicants must submit evidence to show they have a well-founded fear of persecution in their home country. To be granted asylum in the U.S., you must prove that you fear persecution in your home country based on your race, nationality, religion, political opinion, and/or membership in a social group.

There is a one-year deadline after entering the U.S. to apply for asylum. However, this requirement does not apply to those under 18. If you file for asylum within a year after turning 18 (or any time while you’re still under 18), your asylum application won’t be denied for late filing. In limited circumstances, there is the possibility of being able to file beyond one year.

Marriage to a U.S. Citizen

Marriage is a potential path to a green card for undocumented immigrants. Immigration by marriage requires a bona fide relationship — meaning for good faith reasons. You and your spouse will have to persuade USCIS, and possibly a U.S. Consulate abroad, that your relationship is genuine. There is no required documentation to prove your relationship, but common examples include:

• Jointly filed taxes
• Jointly held credit cards and retirement accounts
• Photographs showing the two of you together as a couple
• Jointly held insurance
• Affidavits from friends and family
• Proof of cohabitation
• Birth certificates of your children

The DACA recipient must have entered on a visa. Without a valid entry, the recipient may be eligible to get a green card through marriage by using a waiver process.

These are only the more common methods to legal status, each with further requirements and exceptions. Some other less common methods may include U Visas for victims of crimes who have suffered substantial physical or mental abuse, or waivers that may be available to help qualify for certain work visas.

Find Legal Help

If you have DACA authorization, you need to continue your renewal requests to maintain your status. Immigration law is extremely complex and constantly changing. New DHS policies face court challenges, and undocumented individuals have to wait for the outcome of the court rulings.

The best way to determine if a DACA recipient may qualify for legal status outside of the DACA program is to seek immigration legal services. An immigration lawyer can explain your legal options and help you avoid deportation. Contact an experienced immigration law attorney as soon as possible.