If you are currently a DACA (Deferred Action for Childhood Arrivals) recipient and are married to a U.S. citizen or green card holder, you may be eligible for a marriage-based green card of your own. This guide can help you understand your options, based on the most common situations.
Yes. DACA recipients who obtain an H-1B visa could eventually adjust to lawful permanent resident (LPR or green card) status. The H-1B visa is a dual intent visa, allowing immigrants to be eligible for lawful permanent resident status after they reach their maximum six-year period of stay under the visa.
An EAD issued to a DACA beneficiary will bear category code C33. 2 Certain EADs, depending on the category code, may be extended while a renewal application is pending. 3 Under previous iterations of the program, DACA beneficiaries were not eligible for such extensions, and the new regulation does not change that.
Yes, it is possible for DACA recipients to apply for a green card if they meet the lawful entry requirement. If you've entered the U.S. lawfully with Advance Parole or if you first entered with a valid visa, you may meet the green card eligibility requirement.
What happened: On January 17th, 2025 the 5th Circuit Court once again ruled against DACA, but kept renewals open–for now. This ruling is part of ongoing, deliberate attacks to undermine immigrant communities, limit opportunities, and enable mass deportation.
DACA recipients have been able to travel to any U.S. territory, such as Puerto Rico, since the end of 2021. In addition, DACA recipients can travel domestically within the U.S. To travel internationally, DACA recipients must apply and get approved for advance parole.
How Long Does It Take For An I-765 Application For Employment Authorization To Be Approved? The processing time for a Form I-765 generally falls within 6 months of submission. However, the timeline can vary depending on specific circumstances and the applicant's category.
DACA recipients are still protected from deportation as long as they continue to renew their status on schedule, ing to the Mexican American Legal Defense and Educational Fund, which has been representing DACA recipients in the legal challenges.
Unless you are a government entity or contractor that requires U.S. citizenship, you cannot refuse to hire an applicant with work authorization based solely on their DACA or TPS status. You can hire a Dreamer with work authorization just like you hire any other U.S. citizen.
Form I-765 is the physical document. Form I-766 is an EAD card, which you can keep in your wallet. Both Form I-766 and I-765 are valid EADs. You actually use Form I-765 to apply for your Form 1-766 card.