The DACA (Deferred Action for Childhood Arrivals) program has provided temporary protection to thousands of undocumented immigrants who came to the United States as children. However, DACA is currently facing serious legal challenges.

Due to ongoing court decisions, the U.S. government has suspended acceptance of new DACA applications. This has left many individuals unsure how to get DACA or whether it is still possible to obtain protection, work authorization, or lawful presence.

For current recipients and those who hoped to apply, the uncertainty raises urgent questions about legal status, employment, and long-term options for remaining in the United States.

Is It Still Possible to Get DACA Status?

At this time, USCIS is not accepting new DACA applications. Renewals for existing recipients may continue depending on court rulings, but first-time applicants remain blocked.

Because DACA does not provide a direct path to a green card, many people are now exploring alternative ways to legalize their status.

How to Get a Green Card With DACA: Legal Options Explained

Although DACA itself does not lead to permanent residency, some DACA holders may qualify for other immigration pathways depending on their circumstances.

How to Get a Green Card With DACA Through Marriage

Marriage to a U.S. Citizen

Marriage to a U.S. citizen may allow a DACA recipient to apply for a green card. If the individual entered the U.S. without inspection, a waiver of unlawful presence (Form I-601A) may be required, and consular processing abroad could be necessary.

Marriage to a Lawful Permanent Resident

Marriage to a green card holder can also lead to permanent residency, though wait times are longer due to visa availability limits.

In some cases, DACA recipients who entered without a visa may need to travel using Advance Parole to obtain a lawful entry before filing for adjustment of status.

VAWA Relief for DACA Holders Experiencing Abuse

DACA recipients who were victims of qualifying crimes—such as domestic violence, sexual assault, or other serious offenses—and who cooperated with law enforcement may be eligible for a U visa.

The U visa can provide lawful status, work authorization, and eventually eligibility for a green card.

VAWA Protection for Abused DACA Holders

DACA recipients who experienced abuse by a U.S. citizen or green card holder spouse, parent, or step-parent may qualify for relief under the Violence Against Women Act (VAWA).

VAWA allows eligible individuals to self-petition for legal status without the abuser’s involvement. This protection applies to all genders and includes physical, emotional, verbal, and financial abuse.

VAWA may provide:

Protection from deportation
Work authorization
A pathway to permanent residency
Waivers for unlawful presence

T Visa for Victims of Human Trafficking

What Is the T Visa?

The T visa is designed for victims of labor or sex trafficking who are present in the U.S. because of trafficking and are willing to assist law enforcement.

How DACA Holders Can Qualify for a T Visa

DACA recipients who were trafficked may be eligible if they can show:

They were a victim of trafficking
Their presence in the U.S. is connected to trafficking
Cooperation with law enforcement (with limited exceptions)

T visa holders receive legal status and work authorization and may apply for a green card after meeting statutory requirements. Certain family members may also qualify as derivatives.

Special Immigrant Juvenile Status (SIJS) for DACA Recipients Under 21

DACA recipients under 21 who were abused, neglected, or abandoned by one or both parents may qualify for SIJS. This status can lead directly to a green card and does not require family sponsorship.

Asylum as an Immigration Option After DACA

Some DACA recipients may qualify for asylum if they fear persecution in their home country due to political opinion, religion, nationality, race, or membership in a particular social group.

Changed country conditions—such as war or political upheaval—may strengthen an asylum claim and lead to permanent residency if approved.

Unlawful Presence Waivers for DACA Recipients Applying for a Green Card

Many DACA recipients have accrued unlawful presence. Waivers may be available based on hardship to qualifying U.S. citizen or lawful permanent resident relatives when applying for a green card.

What to Do If You Cannot Apply for DACA or Need a Permanent Solution

With DACA’s future uncertain, understanding alternatives is critical. While DACA alone does not lead to a green card, many recipients may qualify for other immigration relief through family relationships, humanitarian protections, or waivers.

Immigration law is complex and highly fact-specific. Speaking with an experienced immigration attorney can help you understand how to get lawful status—even if DACA is no longer an option.

Call Shepelsky Law Group today to discuss your options at (718) 769-6352 or schedule an appointment online.