Since its introduction in 2012, Deferred Action for Childhood Arrivals (DACA) has provided temporary relief from deportation and work authorization to undocumented individuals who arrived in the United States as children. However, the program does not provide a direct path to permanent residency or citizenship, and its future remains uncertain due to ongoing legal challenges. This blog post explores the current DACA program updates, DACA recipient options, and potential pathways to lawful permanent residency (LPR) in the U.S.
Current Status of DACA
As of now, DACA remains in place but is limited in scope due to litigation. While existing recipients can renew DACA status every two years, new DACA applications are not currently being accepted due to court rulings. Renewals continue, but the program faces uncertainty, making it crucial for recipients to explore other options for obtaining a green card or more permanent status.
Options for DACA Recipients
Although DACA does not offer a direct path to a green card or citizenship, there are alternative immigration pathways that may provide long-term stability:
1. Family-Based Immigration
Many DACA recipients have U.S. citizen family members or lawful permanent resident (LPR) relatives who can petition for them. Key options include:
- Marriage to a U.S. Citizen: If a DACA recipient is married to a U.S. citizen, they may qualify for adjustment of status (green card process) through Form I-130 and I-485. If they entered the U.S. without inspection, they may need to apply for a waiver of unlawful presence (I-601A) before consular processing.
- Immediate Relative Petitions: If a DACA recipient has a U.S. citizen parent, they may qualify for an immediate relative green card, depending on their age and whether they qualify for adjustment of status.
2. Employment-Based Immigration
DACA recipients who have advanced degrees, specialized skills, or employer sponsorship may explore employment-based visa categories such as:
- H-1B Visa: For those with a bachelor’s degree or higher, an employer may sponsor them for an H-1B visa. However, this route often requires navigating complex legal barriers, including consular processing if the recipient lacks legal entry.
- PERM Labor Certification (EB-2 or EB-3 Green Card): If an employer sponsors a DACA recipient for a green card, they can go through the labor certification process. In some cases, a waiver may be required for unlawful presence.
3. Advanced Parole for Travel and Adjustment of Status
DACA recipients who previously traveled abroad with Advanced Parole may have been able to re-enter the U.S. lawfully, which can sometimes allow for adjustment of status through a family-based petition.
4. Special Immigrant Juvenile Status (SIJS)
Some DACA recipients may qualify for Special Immigrant Juvenile Status (SIJS) if they were abused, abandoned, or neglected by a parent. This status provides a pathway to a green card but must be pursued before the recipient turns 21 years old.
5. Asylum or Other Humanitarian Relief
DACA recipients who fear persecution in their home country may qualify for asylum, Temporary Protected Status (TPS) (if eligible), U visas (for victims of crime), and VAWA self-petitions (for those abused by U.S. citizens or LPR family members).
The Need for Legislative Action
While these DACA alternative pathways offer potential solutions for some recipients, legislative reform is needed to provide a permanent solution for Dreamers. Advocacy efforts continue to push for the DREAM Act, which would create a legal pathway to U.S. citizenship for DACA recipients and other undocumented individuals.
What Should DACA Recipients Do Now?
- Renew DACA on time: Given the uncertainty surrounding the program, recipients should ensure their DACA renewal applications are submitted early.
- Explore alternative immigration options: Consulting with an immigration attorney is critical to understanding possible routes to legal status.
- Stay informed and engaged: Changes in DACA policy could affect options for recipients, making it essential to stay updated on new developments.
Relief Law PLLC Can Help
At Relief Law PLLC, we specialize in immigration law and provide expert legal guidance for DACA recipients exploring alternative pathways to lawful status. Our experienced attorneys assist with family-based petitions, employment-based immigration, waivers, and asylum applications. We stay up to date with DACA policy changes and provide strategic legal solutions tailored to your unique situation.
If you or a loved one needs legal advice regarding DACA renewal or alternative immigration options, contact Relief Law PLLC today for a consultation.
Final Thoughts
DACA has provided temporary relief to many young immigrants, but it is not a permanent solution. While legislative changes remain uncertain, exploring alternative pathways to legal status is crucial for DACA recipients seeking long-term stability in the U.S. Seeking legal guidance and staying proactive in renewal applications and immigration opportunities can help recipients navigate the evolving U.S. immigration policy.
For those looking for personalized immigration guidance, consulting with an experienced immigration attorney can help assess individual circumstances and explore the best available legal options. Contact Relief Law PLLC for trusted legal support today.