Can a DACA Recipient Get a Green Card through Parents?
The Deferred Action for Childhood Arrivals (DACA) program has been a beacon of hope for many young immigrants who came to the United States as children. However, with the uncertainty surrounding the program’s future, many DACA recipients are searching for alternative pathways to obtain legal status and eventually a green card. One question that frequently arises is whether a DACA recipient can get a green card through their parents. This article delves into this topic, exploring the possibilities and limitations faced by DACA recipients in this regard.
Understanding DACA and Green Cards
DACA, established in 2012, provides eligible undocumented immigrants who came to the United States as children with a temporary reprieve from deportation, work authorization, and a social security number. However, it is important to note that DACA does not provide a pathway to permanent residency or a green card. Therefore, a DACA recipient must explore other avenues to obtain legal status.
Family-Based Immigration
One potential pathway for a DACA recipient to obtain a green card is through family-based immigration. The United States offers various family-based immigration categories, including immediate relatives and family preference categories. Immediate relatives of U.S. citizens, such as spouses, unmarried children under 21, and parents, are eligible to apply for a green card without any numerical limitations.
Eligibility and Challenges
While a DACA recipient may potentially get a green card through their parents, there are several factors to consider:
1. Citizenship: The parent must be a U.S. citizen or a lawful permanent resident (LPR) to sponsor their child for a green card.
2. Priority Date: If the parent is an LPR, the applicant’s priority date (the date the family-based petition was filed) must be current, meaning there are no backlogs in the visa category.
3. Admissibility: The applicant must meet certain admissibility requirements, including health, criminal, and security grounds.
Alternatives and Considerations
If a DACA recipient’s parent is not eligible or unable to sponsor them for a green card, there are alternative options to explore:
1. Employment-Based Immigration: If the DACA recipient has obtained a job offer or has a labor certification, they may be eligible for an employment-based green card.
2. Marriage to a U.S. Citizen: Marrying a U.S. citizen can provide a direct pathway to a green card.
3. Asylum or Other Humanitarian Protections: In some cases, a DACA recipient may qualify for asylum or other forms of humanitarian relief.
Conclusion
While it is possible for a DACA recipient to get a green card through their parents, it is essential to evaluate individual circumstances and explore all available options. Family-based immigration offers one potential pathway, but it is crucial to consider eligibility, priority dates, and admissibility requirements. Consulting with an immigration attorney can provide valuable guidance and help navigate the complexities of obtaining legal status in the United States.
