Married a US citizen after I was approved for DACA. Will it be easier to become a US resident?
3 attorney answers
As mentioned, it is dependent on how you entered the country, on whether a petition was filed on your behalf and when that petition was filed. The DACA benefits are limited to the ability to legally work in the US and prosecutorial discretion as to removal. It doesn't make it any easier to become a US resident. You will still need to petition and if you entered the Us without inspection, you will need to get a waiver for unlawful presence and return to your native country for a consular interview. I would not advise you to do this on your own, the I-601 is complicated and in-depth. Furthermore, an immigration attorney will vet out any other possible reasons for inadmissibility other than unlawful presence that might complicate your return.
If you have a lawful entry to the United States or are the beneficiary of an application filed on your behalf (or if you were a child on a parent's application) (=protected under Immigration and Nationality Act Section 245i) you can apply for benefits based on your marriage and do the process here in the United States (also called "adjustment of status").
If you do not have either of those two situations in your case, you can apply for "advance parole" for permission to leave the United States and return lawfully, whereby then you can apply for adjustment of status.
If not, you will have to use the "consular process" to receive your immigration benefits based on your marriage and this process includes having to leave the US to see the US consulate in your home country for your visa processing. Depending on whether or not you have previous unlawful status of greater than 180 days in the US or if you have any crimes or criminal convictions, you would need to qualify for a "waiver" to return.
I would consult with an immigration attorney to find out all of your options.
You will need a waiver to overcome your inadmissibility, without which your spouse may not petition or sponsor you for a green card as the DACA approval does not give you any status in the U.S. other than to work here and not be subject to removal while your case is being deferred. You should consult an experienced immigration lawyer to review and assess your options at this time.