From DACA to Green Card: Family & Employment Sponsorship Explained?

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a program created in 2012 by the executive order of then U.S. President Barack Obama.  Its goal is to protect undocumented individuals (those without lawful permanent resident status) from deportation. It specifically is aimed at those individuals who came to the U.S. as children with their families and currently do not have citizenship or legal immigration status. These individuals are often referred to as ‘Dreamers’ as a reference to a similar immigration policy known as the DREAM Act which was introduced in 2001 but failed to pass in the U.S. Senate.

Under this program, DACA recipients (aka dreamers) are protected from deportation and granted necessary access to work permits, a social security number, employer-offered health insurance, driver’s licenses, and many other privileges. The temporary protected status granted by DACA lasts 2 years and can be renewed. However, at this moment, this program does not allow legal status or a pathway to lawful permanent resident status.

How much does it cost to apply for DACA?

According to the US Citizenship and Immigration Services website, the current fee to apply for DACA is $495 and will include employment authorization and biometric services. This fee can not be waived. If you wish to renew, you must also pay $495.

Can DACA recipients apply for family-based green cards?

DACA recipients who are the immediate relative of a green card holder or a U.S. citizen can be sponsored for a family-based green card. These family-based green cards are available to spouses, parents, children, and siblings. In other words, DACA recipients are eligible for a green card if:

• they are married to a U.S. citizen or a green card holder
• they are the child or step-child of a U.S. citizen or green card holder
• they are the parent of a U.S. citizen who is at least 21 years old
• they are the sibling of a U.S. citizen

It should be noted that applying for a family-based green card is easier if the DACA recipient originally entered the country via lawful entry. This means that the individual entered the U.S. on a valid visa or on the visa waiver program.

To enter the U.S. lawfully means to have entered the United States ‘with inspection’. This means that the individual entered the country with a valid visa and was inspected by an officer from U.S. Customs and Border Protection or entered the country through the Visa Waiver Program (meaning that they came from a country that did not need a visa to temporarily visit the U.S.).

If a dreamer originally entered the United States ‘with inspection’ and then overstayed their visa which in turn made them undocumented immigrants, that person can be considered as satisfying the lawful entry requirement as long as they have stayed in the U.S. and not left since they first entered.

Can DACA recipients apply for a green card through employer sponsorship?

DACA recipients who are in highly skilled professions may be eligible for an employer-sponsored green card. There are a variety of work-based green cards available depending on the skill level of the applicant. A majority of these visas will need the visa applicant to first obtain a PERM labour certification from the Department of Labor before the employer can file an employment sponsorship petition.

This can be a lengthy process that can take years to complete. If you believe that you are eligible for an employment-based visa, consult an experienced immigration attorney who specializes in these types of visas. Your lawyer should let you know what types of work-based visas you are eligible for and what steps you will need to take to meet the requirements. Some employment-based work visas that offer permanent residence are:

• O-1 Visa (Individuals with Extraordinary Ability Green Card)
• EB1 Visa (Extraordinary Ability Green Card)
• EB1-2 Visa (Outstanding Researcher / Professor Green card)
• EB2 Visa (Second Preference Employment-based Visa)
• EB3 Visa (Worker’s Green Card)

Can undocumented immigrants apply for asylum?

Asylum can be granted to any individual who would like to come to the United States to escape persecution in his or her country. In order to make a claim for asylum, the following is required:

• The asylum seeker is present in the United States by either lawful or unlawful entry
• The asylum seeker is unable or unwilling to return to his or her home country due to past persecution or because of a well-founded fear of future persecution if returned to their home country
• The persecution is due to race, religion, nationality, membership in a particular social group or political opinion
• The individual is not involved in any activity that would make them ineligible for asylum

Gang violence and poverty do not generally qualify someone for asylum status in the United States. Persecution must be committed by the government or by a group that the government is unwilling or unable to control. Furthermore, asylum applicants must submit evidence that demonstrates persecution or a well-founded fear of persecution.

Those who enter the United States have a deadline of 1 year to apply for asylum. However, this deadline does not apply to children under the age of 18 years old. Therefore, asylum applications can not be denied for late filing if the asylum seeker files for asylum within a year after turning 18 years old or even anytime they file while they are under the age of 18.

If asylum is granted, individuals can then file for a green card one year later.

How to become a U.S. citizen

In order to become a U.S. citizen, you must first begin your life in the U.S by getting a green card to become a lawful permanent resident. After you have held lawful permanent residence in the U.S. for at least five years, you will be eligible to apply for naturalization. In addition to the five years requirement, there are other requirements that you will need in order to become a U.S. citizen. These include:

• Being at least 18 years old
• Proving that you have had continuous residence in the U.S for at least two and a half years during the five-year qualifying period
• Being able to read, write, and speak the English language
• Demonstrating that you are of good moral character
• Demonstrating knowledge of U.S. history and government
• Demonstrating loyalty to the principles of the U.S. Constitution
• Taking the Oath of Allegiance

You can apply for citizenship through naturalization by filling in form N-400, which can be done online or on paper. When you submit your application form, you will also need to provide a number of supporting documents to prove that you can meet the above requirements. You may also have to attend an interview as part of the naturalization process.

How can IAS help me?

Although dreamers are safe from deportation, the DACA program does not currently provide a green card or a pathway to citizenship. If you are a dreamer who is interested in staying in the U.S. permanently, you should consider applying for a green card which is the first step in becoming a U.S. citizen. Our team of lawyers can help you best navigate the complicated process of U.S. immigration.

Get in touch with us today to discuss your eligibility and your unique case. Call us at +1 844 290 6312 for immediate help & assistance with your green car. We’re here to help you in person, via the phone, or online.