Immigration Options for DACA Recipients

1. What are my options for receiving a green card or other permanent residency?


There are several ways to become a permanent resident in the United States. Some of the options include:

1. Employment-Based Immigration: You may be eligible for a green card if you have an offer of a full-time job from a U.S. employer.

2. Family-Based Immigration: If you have an immediate relative who is a U.S. citizen, you may be eligible for a green card through family-based immigration.

3. Investor Immigration: If you are an investor who is willing to invest substantial capital in the U.S., you may be eligible for an EB-5 visa and ultimately permanent residency.

4. Refugee or Asylee Status: If you meet certain qualifications, you may be eligible to apply for refugee or asylee status and eventually permanent residency.

5. Diversity Lottery: If you are from an eligible country, you may be able to apply for the Diversity Visa Lottery and potentially receive permanent residency in the United States.

6. Special Immigrant Visas: Certain categories of individuals, such as religious workers and military translators, may be eligible for special immigrant visas and potentially permanent residency in the United States.

2. How can I apply for Deferred Action for Childhood Arrivals (DACA)?


In order to apply for Deferred Action for Childhood Arrivals (DACA), you must submit an application to U.S. Citizenship and Immigration Services (USCIS) along with the necessary fees and supporting documents. USCIS has created a three-step process for requesting DACA. The steps are as follows:

1. Complete and submit the USCIS Form I-821D, Consideration of Deferred Action for Childhood Arrivals

2. Submit the application fee, biometrics fee, or both

3. Submit evidence of your identity, education, and lawful presence in the United States

You may find more information about the DACA application process and necessary documents at the USCIS website: https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca.

3. What are the requirements for DACA eligibility?


In order to be eligible for the Deferred Action for Childhood Arrivals (DACA) program, an individual must meet the following criteria:

1. Came to the United States before their 16th birthday;
2. Have continuously resided in the United States since June 15, 2007;
3. Were under the age of 31 as of June 15, 2012;
4. Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or Armed Forces of the United States;
5. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors; and
6. Do not pose a threat to national security or public safety.

4. What are the various pathways to gaining U.S. citizenship?


The various pathways to gaining U.S. citizenship are through birth, naturalization, marriage, or military service.

1. Birth: A person can become a U.S. citizen by being born in the United States or certain U.S. territories.

2. Naturalization: A person can become a citizen through the process of naturalization, which requires applicants to meet certain eligibility criteria and pass tests about U.S. history and the English language.

3. Marriage: A person who marries a U.S. citizen may be eligible to receive U.S. citizenship after meeting certain requirements and going through the naturalization process.

4. Military service: A person who serves in the armed forces of the United States may be eligible for citizenship through a process called expedited naturalization.

5. How long does the DACA renewal process take?


The DACA renewal process can take between 4 and 6 months.

6. Can I travel outside the U.S. with a DACA permit?


No, DACA does not provide any form of travel authorization. It does not give foreign nationals the right to travel outside the U.S. or to reenter the U.S. after traveling abroad. U.S. Citizenship and Immigration Services (USCIS) has explicitly stated that DACA does not authorize foreign travel or provide any immigration status or benefits outside the United States.

7. How do I apply for a work permit?


To apply for a work permit, contact the United States Citizenship and Immigration Services (USCIS) for more information. Depending on your situation, you may be eligible to apply for a work permit online, through the mail, or in person.

8. What is Advance Parole and how do I get it?


Advance Parole is a document that allows a noncitizen to travel abroad and be readmitted to the United States, even if they are in the process of applying for a change or extension of status. To get Advance Parole, you must file Form I-131 and submit it to the USCIS. You must also provide evidence of your travel plans, a filing fee, and any other necessary documentation.

9. Are there any special considerations for DACA recipients seeking to become permanent residents?


Yes, there are special considerations for DACA recipients seeking to become permanent residents. If an individual has Qualifying Employment or Military Service, they may be eligible to adjust their status to Lawful Permanent Resident (LPR) through a special process known as “lawful presence adjustment.” This process allows DACA recipients to apply for an adjustment of status without having to first depart the U.S. under the supervision of the Department of Homeland Security (DHS). Additionally, DACA recipients may be able to obtain a green card through family-based petitions, or if they are an entrepreneur who has invested a significant amount of money in the U.S., through the EB-5 Immigrant Investor Program. Depending on the circumstances, DACA recipients may also be eligible for other forms of relief such as asylum or special immigrant juvenile status.

10. What are my chances for being granted asylum?


The answer to this question depends on your individual circumstances. It is impossible to predict the outcome of an asylum claim without knowing more details about you and your situation. If you are considering applying for asylum, it is recommended that you seek legal advice from a qualified immigration attorney or other knowledgeable professional.

11. Can I apply for in-state tuition if I’m a DACA recipient?


Yes, some states allow DACA recipients to qualify for in-state tuition. Each state has different policies regarding in-state tuition for DACA recipients, so you should contact the college or university you are interested in attending to determine if you are eligible.

12. Are there any grants or scholarships available to DACA recipients?


Yes, there are a variety of grants and scholarships that are available to DACA recipients. Eligible recipients may be able to receive funding from a variety of sources, including state and private foundations, religious organizations, and academic institutions. Additionally, many universities and colleges offer assistance to DACA students through scholarships or tuition assistance. DACA recipients should research to determine which grants and scholarships they qualify for.

13. What is a U-Visa and how do I qualify for one?


A U-Visa is a type of nonimmigrant visa available to victims of certain qualifying criminal activities who have suffered mental or physical abuse and are willing to help law enforcement with the investigation or prosecution of the criminal activity. In order to qualify for a U Visa, the applicant must demonstrate that they were the victim of a qualifying criminal activity and that they have suffered substantial physical or mental abuse as a result of that activity. Furthermore, the applicant must also provide evidence that they have either helped or are willing to help law enforcement in the investigation or prosecution of the criminal activity. Additionally, U-Visa applicants must demonstrate that their presence in the US is necessary to assist in such investigation or prosecution.

14. How long does it take to receive a final decision on a DACA application?


Once a DACA application is received by U.S. Citizenship and Immigration Services, applicants will typically receive a decision within three to six months.

15. Are there any other immigration options available to me as a DACA recipient?


There are some other immigration options available for DACA recipients. Some of these include applying for an Employment Authorization Document (EAD), adjusting status to permanent resident, and seeking asylum. It is important to speak with an experienced immigration attorney to discuss these options and find the best path forward.

16. How can I appeal a denied DACA renewal application?


You can appeal a denied DACA renewal application by filing a motion to reopen with U.S. Citizenship and Immigration Services (USCIS). To do this, you must submit Form I-290B, Notice of Appeal or Motion, along with any new evidence or information you have to support your request. USCIS will review your motion to reopen and will either approve or deny it. If denied, you may be able to appeal the decision to the Administrative Appeals Office. Additionally, you may also be able to file a lawsuit in federal court challenging USCIS’ denial of your DACA renewal request.

17. Can I become a U.S. citizen through marriage if I’m a DACA recipient?


No, DACA recipients are not eligible to obtain U.S. citizenship through marriage to a U.S. citizen. DACA recipients are not eligible for lawful permanent residence and cannot adjust status to become a U.S. citizen.

18. Can DACA recipients join the military?


Yes, in August 2017, the Department of Defense announced that DACA recipients may enlist in the military.

19. Can employers legally hire DACA recipients?


Yes. DACA recipients are considered lawfully present, although they are not authorized to work in the U.S. without a valid Employment Authorization Document (EAD). Employers can hire DACA recipients, but they must ensure that the employee has an EAD. If the employee does not, employers must be careful to not engage in any discriminatory practices in hiring or employing a DACA recipient.

20. What is the difference between an employment authorization document and a work permit?


An Employment Authorization Document (EAD) is a document issued by U.S. Citizenship and Immigration Services (USCIS) that allows foreign nationals who are legally present in the United States to work lawfully in the U.S. for a limited period of time. A work permit, also known as an employment visa or temporary work visa, is a document granted by the government of a country to foreign nationals who wish to work in that country for a period of time. Unlike an EAD, a work permit is required for entering and staying in the country for the purpose of working.