Can DACA Recipients Apply for Employment-Based Green Cards?

DACA employment-based Green Card

Are you a DACA recipient who’s wondering whether or not you should get an employment-based Green Card? Yes, as of this writing, the Supreme Court is weighing whether to cancel DACA or allow the program to continue. That said, we do recommend, if you are a DACA recipient, evaluating your eligibility for a DACA employment-based Green Card. There are multiple kinds of DACA recipients who may be eligible. This is one more way that we here at Rijal Law can help. We’ve helped so many navigate the immigration process so that you can live where you want. 

Are you a DACA Beneficiary That’s Also Eligible for 245(i)? 

As you probably know, INA 245(i) makes it possible for some folks to not have to worry about consular processing as well as triggering the 3 or 10-year bar and file a green card in the US, should they have entered America without inspection or having violated the terms of their status in some other way. Often, many DACA beneficiaries are too young for this, as qualification requires someone to have filed a labor certification or immigrant petition for them, their parents, or their spouse by April 31, 2001. That date is not a typo. 

DACA employment-based Green Card

Do you have Less Than Six Months of Unlawful Presence After Turning 18? 

If you aren’t eligible for the above, then you have to consular process your green card at the United States Consulate abroad. Unfortunately, if you have more than six months of unlawful presence in America, that will set up a three or ten-year bar from coming back here. So you may not have six months or more of unlawful presence if you got DACA before you turned 18 and have renewed it on time since then you may not have six months. That said, the time that DACA was “pending,” gaps between approvals after your 18th birthday, may count as unlawful presence. These laws are very complicated and we are here to help. 

The Third Kind of Beneficiary Who Qualifies for a DACA Employment-Based Green Card 

If you have more than six months of unlawful presence after your 18th birthday, you may still qualify if you have a qualifying relative or spouse. Specifically, you would need a US citizen or Permanent Resident parent or spouse. Should you have that, then you may be able to qualify. 

A DACA Immigration Lawyer Team Who Can Help 

One of these Green Cards can be essentially invaluable for many reasons, not the least of which is that it will allow you to live your life how you want where you want to live it. Over the years, we’ve helped so many who are in your exact position right now. Unfortunately, these laws are always in flux, always in danger of changing. No matter what, we can stay on top of them, so as to guide you through the process to a positive outcome. To talk to us, call (855) 997-4525.

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