Q: If I let my DACA expire and then married a US citizen. What can I do to begin the process to a green card ?
A:
If you let your DACA (Deferred Action for Childhood Arrivals) expire and then marry a U.S. citizen, you may be eligible to apply for a green card based on your marriage. However, whether or not you can adjust your status to a green card within the United States may depend on how you entered the United States and whether you were inspected by an immigration officer.
If you entered the United States with inspection and were admitted, you may be able to apply for adjustment of status to a green card based on your marriage to a U.S. citizen, even if your DACA has expired.
Please note that immigration laws and policies are subject to change and that every case is unique. As such, the information provided here is not intended to be legal advice and should not be relied upon without further consultation with a qualified immigration professional. If you would like further consultation, please feel free to contact me.
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A:
If your DACA has expired and you have married a U.S. citizen, you may be able to apply for a green card through the process of adjustment of status. This process allows you to apply for lawful permanent residence from within the U.S. if you meet certain eligibility requirements.
To apply for adjustment of status, your U.S. citizen spouse must file Form I-130, Petition for Alien Relative, on your behalf. Once the I-130 is approved, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card.
However, if you have let your DACA expire, you may have accrued unlawful presence and may be subject to a 3- or 10-year bar from returning to the U.S. after leaving. In that case, you may need to file a waiver of inadmissibility to overcome the bar.
It is recommended that you consult with an immigration attorney who can evaluate your specific situation and guide you through the process of obtaining a green card.
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