Indotribun.id – Adjustment of Status for an Expired DACA Recipient. The Deferred Action for Childhood Arrivals (DACA) program has provided a vital lifeline for hundreds of thousands of young people brought to the United States as children. However, for those whose DACA status has expired, the uncertainty and anxiety can be immense. Fortunately, for many, adjustment of status remains a viable pathway to obtaining lawful permanent residency and a more secure future in the United States. This article, drawing insights from highly ranked Google search results, aims to provide a comprehensive overview of this complex process, empowering expired DACA recipients with knowledge and actionable steps.
Understanding the Foundation: Why Adjustment of Status?
At its core, adjustment of status allows an individual who is physically present in the United States to apply for lawful permanent resident status (a green card) without having to leave the country. This is often preferable to consular processing, which requires an applicant to attend an interview at a U.S. embassy or consulate abroad. For expired DACA recipients, this pathway is typically available if they have an eligible basis for a green card, such as through a qualifying family relationship or employment.
Key Eligibility Requirements for Adjustment of Status:
While DACA itself doesn’t provide a direct pathway to a green card, the underlying eligibility for an immigrant visa is what matters for adjustment of status. The most common pathways for expired DACA recipients include:
- Family-Based Sponsorship: This is perhaps the most frequent route. If you have a U.S. citizen or lawful permanent resident (LPR) relative who can petition for you, this can be a strong foundation. Eligible family members typically include:
- U.S. Citizen Spouse: A marriage to a U.S. citizen is a direct pathway.
- U.S. Citizen Parent: If you have a U.S. citizen parent who can file an I-130 petition.
- U.S. Citizen Child (21 years or older): While less common for younger DACA recipients, this is a possibility as they age.
- LPR Spouse, Parent, or Child: While LPR sponsorship is also possible, the wait times for visas in these categories can be significantly longer than for U.S. citizen sponsors.
- Employment-Based Sponsorship: Certain employers can sponsor foreign nationals for green cards if they can demonstrate that there are no qualified U.S. workers available for the position. This often involves a labor certification process to prove this lack of availability.
- Other Eligibility Categories: Depending on individual circumstances, other avenues might exist, such as the Violence Against Women Act (VAWA) for victims of abuse by a U.S. citizen or LPR spouse, or U visas for victims of certain crimes who have assisted law enforcement.
The Process: A Step-by-Step Guide
Once you have identified your basis for a green card, the adjustment of status process generally involves the following steps:
- Petitioner Files I-130 (Petition for Alien Relative) or I-140 (Immigrant Petition for Alien Worker): Your qualifying family member or employer files this initial petition with U.S. Citizenship and Immigration Services (USCIS) to establish your eligibility.
- Visa Availability: For family-based petitions, you must wait until your “priority date” (the date USCIS receives the I-130) becomes current in the Department of State’s Visa Bulletin. For employment-based petitions, visa availability also depends on the specific category and your country of origin.
- Filing Form I-485 (Application to Register Permanent Residence or Adjust Status): Once your priority date is current, you can file Form I-485 with USCIS. This is the core application for adjustment of status. It requires extensive documentation, including:
- Proof of your identity and nationality.
- Birth certificate.
- Proof of your eligibility (e.g., marriage certificate, birth certificate of U.S. citizen child, employment verification).
- Medical examination results (Form I-693).
- Financial support documentation (Affidavit of Support, Form I-864, if applicable).
- Criminal background checks.
- Biometrics Appointment: USCIS will schedule you for a biometrics appointment to collect your fingerprints, photograph, and signature for background checks.
- Interview (Often Required): USCIS may schedule you for an interview to discuss your application and verify the information provided.
- Decision: USCIS will issue a decision on your I-485 application. If approved, you will receive your green card by mail.
Crucial Considerations for Expired DACA Recipients:
- Maintaining Lawful Status: While DACA provides deferred action, it does not confer lawful status. It is crucial to understand how your entry into the U.S. and any subsequent periods of unauthorized presence might impact your adjustment of status. Consulting with an immigration attorney is highly recommended to navigate these complexities.
- Advance Parole: If you need to travel abroad while your I-485 is pending, you will likely need to obtain Advance Parole.
- Work Authorization: While your DACA was active, you likely had work authorization. Once it expires, you may be eligible for an Employment Authorization Document (EAD) based on your pending I-485 application.
The immigration system is intricate and constantly evolving. For expired DACA recipients, the journey to adjustment of status can be challenging but ultimately rewarding. The key is to have a clear understanding of your eligibility, meticulously prepare your application, and seek qualified legal counsel. An experienced immigration attorney can assess your unique situation, identify the best pathway, and guide you through each step of the process, significantly increasing your chances of success.
Frequently Asked Questions (FAQ)
Q1: My DACA has expired. Can I still apply for a green card?
Yes, your expired DACA status does not prevent you from applying for a green card if you have an independent basis for eligibility. The most common ways for expired DACA recipients to adjust status are through a qualifying family relationship (e.g., U.S. citizen spouse, parent, or child) or through employment sponsorship. DACA itself is a form of deferred action, not lawful status, so your eligibility for a green card depends on meeting the requirements of a specific immigrant visa category.
Q2: What is the difference between DACA and Adjustment of Status?
DACA (Deferred Action for Childhood Arrivals) is a discretionary program that provides temporary protection from deportation and work authorization for eligible individuals who came to the U.S. as children. It does not provide a pathway to a green card. Adjustment of Status, on the other hand, is a legal process that allows eligible individuals present in the U.S. to apply for lawful permanent residency (a green card) without leaving the country. You adjust your status based on an underlying eligibility, such as family sponsorship or employment, not on having DACA.
Q3: If I have a U.S. citizen spouse, can I adjust my status after my DACA expires?
Yes, if you are married to a U.S. citizen, your spouse can petition for you by filing Form I-130, Petition for Alien Relative. Once the I-130 is approved and you are eligible to adjust your status (which typically means you entered the U.S. lawfully, even if your current status has expired, and there are no other disqualifying factors), you can then file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain your green card while remaining in the U.S. It is highly recommended to consult with an immigration attorney to ensure all requirements are met.
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