The [Deferred Action for Childhood Arrivals (DACA)](/immigration-resources/daca-application-guide) program has provided temporary relief from deportation and work authorization to hundreds of thousands of undocumented immigrants who were brought to the United States as children. If you are a DACA recipient and you're married to a U.S. citizen or a green card holder, you might be wondering about the next steps you can take towards changing your immigration status. This article is designed to guide you through the process and requirements for applying for a [green card through marriage](/immigration-resources/marriage-green-card-interview-tips). 

In the sections that follow, we will discuss your [eligibility to apply for a green card](/immigration-resources/green-card-immigration-guide), the process involved, the requirements you need to meet, and the benefits you stand to gain. Whether you overstayed your original visa or entered the U.S. illegally, we will provide you with the necessary information to navigate the complexities of the immigration system. Let's start by understanding your eligibility.

Eligibility for DACA Recipients to Apply for a Green Card through Marriage

As a DACA recipient, your eligibility to apply for a green card through marriage largely depends on your specific circumstances. 

If you are married to a U.S. citizen and you initially entered the U.S. with a valid visa but overstayed, you should face no special hurdles in applying for a green card. This is because your initial legal entry allows you to adjust your status to a permanent resident from within the U.S.

However, if you entered the U.S. illegally, the situation becomes more complex. In this case, you will need to leave the U.S. and apply for a green card from your home country. But leaving the U.S. could trigger a 3- or 10-year bar from returning, depending on how long you've been in the U.S. unlawfully. To avoid this, you may need to apply for a Provisional Unlawful Presence Waiver before you leave the U.S.

If you are married to a green card holder, regardless of how you entered the U.S., you won't be able to apply for a green card from inside the U.S. You will need to wait for a visa number to become available, which can take several years. Once a visa number is available, you can apply for a green card from your home country.

Remember, these are general guidelines and your specific situation may require a different approach. Always consult with an immigration attorney to understand the best course of action for your circumstances.

Process for DACA Recipients to Apply for a Green Card through Marriage

Now that we've discussed eligibility, let's dive into the process of applying for a green card through marriage. This process can be broken down into three main steps:

If you entered the U.S. illegally, you will need to apply for a [Provisional Unlawful Presence Waiver (Form I-601A)](/immigration-resources/form-i601-waiver-grounds-inadmissibility) before leaving the U.S. to attend your visa interview in your home country. This waiver, if approved, will allow you to return to the U.S. after your interview without facing a 3- or 10-year bar.

Remember, this is a general guide and the process may vary depending on your specific circumstances. Always consult with an immigration attorney to ensure you are following the correct process for your situation.

Requirements for DACA Recipients to Apply for a Marriage Green Card

Applying for a green card through marriage involves meeting certain requirements. These requirements are designed to ensure the legitimacy of the marriage and the suitability of the applicant for permanent residency. Here are the key requirements you need to meet:

Meeting these requirements is crucial to the success of your green card application. Always consult with an immigration attorney to ensure you meet all the necessary requirements and understand how to demonstrate your eligibility.

Benefits of Applying for a Marriage Green Card

Applying for a green card through marriage comes with a host of benefits that can significantly improve your quality of life in the U.S. Here are some of the key benefits you stand to gain:

These benefits can open up new opportunities and provide a sense of security and stability. However, it's important to remember that a green card comes with responsibilities, such as the requirement to obey all U.S. laws and pay U.S. taxes. Always consult with an immigration attorney to understand the full implications of becoming a green card holder.

Applying for a green card through marriage as a DACA recipient can be a complex process, but it's a journey worth taking. It opens up a pathway to a more secure future in the U.S., with the potential for permanent residency and eventually, citizenship.

We've covered the eligibility criteria, the application process, the requirements you need to meet, and the benefits you stand to gain. Remember, if you entered the U.S. legally and overstayed your visa, the process is relatively straightforward. However, if you entered the U.S. illegally or are married to a green card holder, the process can be more complex and lengthy.

Always consult with an immigration attorney to understand your specific situation and the best course of action. Immigration laws can be complex and change frequently, so professional guidance is invaluable.

We hope this guide has been helpful in providing you with a clearer understanding of the process and requirements for applying for a green card through marriage as a DACA recipient. Good luck on your journey towards changing your immigration status!

This guide is for DACA recipients who want to apply for a green card through marriage. It covers eligibility criteria, application steps, and benefits. Eligibility depends on your U.S. entry and your spouse's citizenship. The process involves filing forms I-130 and I-485, and a USCIS interview. You must prove your marriage, good moral character, and financial stability. Benefits include legal status, work authorization, public benefits, education opportunities, travel privileges, and a potential path to U.S. citizenship. Consulting an immigration attorney can help you navigate this process.

Applying for a Green Card through Marriage as a DACA Recipient

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