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permanent resident card in the USA

Can I go from DACA to Green Card?

If you have DACA, how can you get a green card? Now, let me be clear, there’s probably proposals and I know of since the start of the year, there’s been news, you know, about proposals from Congress, from the Senate, from Biden. I mean, at the moment, as a recording this video, there isn’t anything new. There isn’t a law that says if you have DACA, you will get a green card, you will get citizenship.

But, you know, you can use that to your advantage in a few different scenarios. First, let me just begin. Generally, there’s two ways to become a resident with family petitions. You know, there’s business immigration, but I don’t handle those cases. And that’s not the purpose of this video. But to general ways, one way is in the US, another way is outside of the U.S. So what dictates whether you can become a resident in the States or outside is how did you enter?

Did You Enter Legally?

Did you enter legally or not? If you did not enter legally, then generally you have to leave the states and go back to your country of origin for your interview. If you entered legally or you can get illegal entry, then you can become a resident here in the States. Just a bit of background information. And if you have that well, how does that play out? That does not at the moment give you a pathway to residency, a pathway to citizenship.

It just gives you protection from being deported and it allows you to get a work permit. There’s other benefits, of course, but to keep it simple. So the two main advantages, having DACA when you are going to become a resident is the advance parole and depending upon what age you got it. So once you turn 18, that’s one and lawful presence starts accruing. If you’ve got DACA before 18 and you have renewed continuously, then you shouldn’t have any unlawful presence.

DACA and Advance Parole

You know, generally every case is different. So those are the two main advantages, advance parole. And in that, when you have the DACA, so long as you have the unlawful presence does not begin accruing and does not run. If you’re learning something from this video, please let me know by hitting that like button. So with the advance parole, you know, thankfully now with this new administration, people are able to exit the US and come back in, assuming that there is no other ground of inadmissibility, no other ground that negatively affects them.

If you get advance parole, it allows you to come back in. And once you come back and you have that legal entry and with that you can adjust to become a legal permanent resident. If you have a petition from somebody else, you know, the most common way is through a spouse.

Additionally, with the you know, because if you have DACA, you do not begin accruing unlawful presence for the duration of the time. You had DACA, let’s say you had DACA the first time when you were 16, 17, you know, before 18. And you renew this, renewed it continuously and then you get married, something happens, a parent petition for you, something happens. You don’t need to get a waiver. You don’t need to request a waiver because there’s nothing a way you don’t have a lawful presence.

And that is beneficial because let’s say even if you have to travel back to your country of origin for your interview, the advantages, you don’t have to submit that waiver petition, assuming that’s your only ground of inadmissibility. And the benefit of that is at the moment, you know, those petitions, provisional waivers, at least they’re taking about two to three years. If you don’t need to wait that long, then you know it’s going to speed up the process. In this case, with advance parole you may be able to go from DACA to Green Card.

Conclusion

DACA to Green card. So those are the two main ways that DACA will help you in obtaining a green card. Now, there are, you know, since DACA was proposed and years after that and up until right now, I mean, there’s been proposals, you know, in terms of giving individuals, I have a green card. There’s been so much back and forth, you know. You know, originally Democrats are wanting to to to to give individuals with DACA a green card than Trump was proposing it.

The Democrats didn’t want to get on board. You know, Democrats are now do are pushing that forward. Republicans don’t want to get on board with them. So it’s just been so much back and forth, so much politicization politics. If something like that were to happen, some sort of law were to change that. Maybe having DACA alone without a petition from somebody else might be a reason to get a green card. At the moment, that isn’t the case.

But if something like that were to come in place, I mean, we’d have to see exactly what’s being proposed, what exactly has been passed to see who would qualify and who wouldn’t. At the moment, it’s just a lot of guessing, a lot of speculation. I hope you learn something from this video. If you did, let me let me know. Down below, thank you and God bless.

If you have questions on what you need to apply for DACA, read our article.

Legal Resources

  1. USCIS Website
  2. ILRC DACA
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