Daca recipients have a backdoor path to green card eligibility - but time may be running out.
EWI and Advanced Parole
One of the biggest impediments many face to getting their green card in the United States is that they entered the United States without inspection ("EWI") - usually by crossing the border covertly. Unless they fall into a few exceptions, these EWI individuals cannot get a green card in the U.S. - even if they are an immediate relative (Spouse or parent or child under 21) of a U.S. Citizen. However, there is a way to cure this.
A procedure called Advanced Parole is available to certain DACA recipients. USCIS may grant permission for a DACA recipient to travel, and most importantly return to the U.S. legally. The effect? Aliens who were formally EWI - and not eligible to adjust status have now reentered the U.S. with inspection. If at one point, these individuals became an immediate relative of a U.S. Citizen they would be eligible to adjust status. USCIS has already granted this permission to over 24,000 DACA recipients.
Caution and Coordination are Necessary - Consult an Immigration Attorney BEFORE you do anything.
Every person's immigration history is unique and one size definitely does not fit all. Further, just because one is eligible to adjust status does not guarantee one can adjust status. There are many other requirements. Obtaining a green card in the United States is always a discretionary determination.
One may actually make his or her immigration situation worse by traveling with advanced parole - carefully and honest consultation with a qualified immigration attorney is essential. Just like a doctor cannot give a proper diagnosis without first examining a patient, no attorney, including myself can attempt to resolve a situation without first gathering the necessary facts unique to your case.
Finally, nobody knows what the new Trump administration will do to this policy, and to DACA in general. We must exercise extreme caution. However, for the time being, this will be the first step to a green card for some DACA recipients.
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