DACA recipients who marry a US citizen should know their options to regularize their immigration status.
DACA recipients can obtain permanent residence through their marriage to a US citizen. However, before that it is necessary to review the eligibility criteria. First, the immigration officials of the United States government review the legality of marriages and the good terms of these, to avoid immigration fraud.
Likewise, there are two options for DACA recipients to be eligible and continue their process to obtain their residency: consular processing and adjustment of status.
Consular Processing
Consular processing is the best option for DACA recipients who do not have legal entry into the United States. Therefore, the first step is to achieve eligibility for this process. This can be done when leaving the country and re-entering through an Advance Parole. This will remove the illegal entry and record the new one, allowing you to be eligible to obtain residency upon obtaining a pardon from the authorities. For more details, it is necessary to seek advice from a professional in immigration law and processes.
Another important aspect of establishing eligibility is having valid proof of marriage. Likewise, other important aspects that favor this process are: having good credit, having declared taxes, not having committed crimes, among others.
Subsequently, it will be necessary to complete and present Form I-130 before the Citizenship and Immigration Service (USCIS) where the spouse is the petitioner. After approval, they will receive form I-797 Notice of Action.
The next step is to obtain a visa number at the National Visa Center (NVC) and they will also notify you when it will be possible to pay the visa application fees and supporting documentation.
In this way, the beneficiary will apply for an immigrant visa, but before completing and submitting the DS-260 form. You then need to attend consular processing at a US Consulate in your home country, receive your visa package once approved, and legally enter the United States. In addition, this entry will be registered as a permanent resident.
Finally, the Green Card will be sent to the address in the United States. However, keep in mind that this process can take up to 12 months.
Ajuste de Estatus
In the case of a Green Card through Adjustment of Status, as in the previous process, valid proof of marriage and legal entry into the United States are necessary. Likewise, the application process of Form I-130 before USCIS is repeated.
For the next step, USCIS will notify about the appointment to take biometric data, take a photograph, fingerprints and signature. A criminal background check is performed at this appointment. In subsequent months, the citizen and the spouse of her / a DACA beneficiary must attend an interview to verify information on the 1-130 form and if the application is approved, all that remains is to wait for the delivery of the Green Card through parcel. Like the previous process, this one can last up to 12 months.
