The DACA (Deferred Action for Childhood Arrivals) program, which has provided temporary relief to thousands of undocumented immigrants who arrived in the U.S. as children, is facing significant problems.

Amid ongoing legal battles, the U.S. government has suspended the acceptance of new DACA applications, leaving many potential applicants in uncertainty. This decision, along with the uncertainty surrounding the future of DACA, has raised concerns among current recipients and their families, who fear for their legal status, work authorization, and ability to stay in the country. With the future of DACA in the balance, many are left wondering what their options are for legalizing their status in the U.S. going forward.

While DACA does not provide a direct path to permanent residency (green card), there are several ways for DACA recipients to potentially transition to a green card. If you have DACA status and want to explore your options, here are some potential pathways:

1. Marriage to a U.S. Citizen or Legal Permanent Resident

Spouse of a U.S. Citizen: If you marry a U.S. citizen, you may be eligible to apply for a green card (permanent residency). However, if you entered the U.S. unlawfully, you will likely need to apply for a waiver of unlawful presence (I-601A) and may need to leave the U.S. to process the green card at a U.S. consulate in your home country.
Spouse of a Legal Permanent Resident: If you marry a legal permanent resident (green card holder), you can apply for a green card, but the process may take longer, and you may be subject to wait times due to visa availability.
However, if you entered the U.S. initially without a visa, you may have to travel with your Advance Parole travel document and get “legal entry” upon return first, prior to filing as a spouse of either a US citizen or a green card holder.

2. U Visa for Victims of Crimes

If you have been a victim of certain crimes (such as domestic violence, human trafficking, or other qualifying crimes), and you have been helpful to law enforcement in the investigation or prosecution of those crimes, you may be eligible for a U visa. This can lead to legal status and, eventually, a green card.

3. VAWA.

If you are a DACA holder and have been a victim of domestic abuse (physical, mental, verbal or financial) in a marriage to a US Citizen or GC holder, or if your US citizen parent or Step-parent abused you, you may be eligible for certain forms of relief through VAWA (Violence Against Women Act)
VAWA allows victims of domestic violence, including men and women, to self-petition for legal status without the abuser’s knowledge or consent. The law provides protection for spouses, children, and parents who have been abused by a U.S. citizen or lawful permanent resident (green card holder).
You do not need the abuser’s cooperation, and you can apply for legal status independently.
Self-Petition: As a DACA holder, you can self-petition for a green card under VAWA, which allows you to seek relief without having to rely on the abusive family member to file a petition for you.
Benefits of VAWA: By filing for VAWA, you may be able to stop deportation proceedings, obtain work authorization, and eventually secure permanent residency. It also allows you to apply for a waiver of inadmissibility if you have been in the U.S. unlawfully, which can be crucial for those who entered the U.S. without legal documentation or overstayed a visa.

4. T-Visa (Victims of Human Trafficking)

What is the T-Visa?

The T-Visa provides relief to individuals who have been trafficked into the U.S. for labor or commercial sexual exploitation. It is specifically for victims of human trafficking and allows them to remain in the U.S. legally while they assist in law enforcement efforts to investigate and prosecute traffickers.

How Can a DACA Holder Use the T-Visa?

Eligibility Requirements: If you are a DACA holder who has been a victim of trafficking, you may be eligible for the T-Visa. To qualify, you must show that:
- You were a victim of trafficking, either for labor or sexual exploitation.
- You are currently in the U.S. due to trafficking.
- You are willing to cooperate with law enforcement in the investigation or prosecution of your traffickers.
Benefits of the T-Visa: The T-Visa provides temporary legal status and work authorization for up to four years. After holding a T-Visa for three years or meeting other requirements, you may be eligible to apply for a green card (permanent residency).
Derivatives: If you are granted a T-Visa, you may also be able to petition for your immediate family members (spouse, children, or parents) to receive T-Visa status as derivatives.

Steps to Apply for a T-Visa:

Form I-914: You will need to file Form I-914, the Application for T Nonimmigrant Status. You must prove you were trafficked and demonstrate your cooperation with law enforcement.
Proof of Trafficking: Evidence such as testimony, police reports, or affidavits from your attorney or other experts showing you were trafficked will be essential.
Work Authorization: Once your application is approved, you will be granted work authorization while you await permanent residency.

5. Special Immigrant Juvenile Status (SIJS)

If you are under 21 and have been in the U.S. without the protection of a parent, you may be eligible for SIJS. This status applies to minors who have been abused, neglected, or abandoned by a parent.

6. Asylum

You may apply for asylum if you fear returning to your home country due to persecution. Additionally, you can apply for asylum if there have been changes in your home country that increase your fear of persecution, such as political upheaval, war, or other significant events. If granted, you could eventually apply for a green card.

7. Waivers for Unlawful Presence

If you have accrued unlawful presence in the U.S., you may need to apply for a waiver [using the qualifying US citizen or GC holder relatives and their hardship in the event you will be deported) to overcome certain bars to reentry. This is often required when applying for a green card or other forms of legal immigration status.

Conclusion

With the future of DACA uncertain, it’s important for DACA holders to understand their options for transitioning to a more permanent status in the U.S.

Whether through marriage, abuse and exploitation, a U visa, asylum, or other forms of relief, there are pathways to legalize your status. However, immigration law is complex, and it’s crucial to work with an experienced immigration attorney to navigate the process. Call Shepelsky Law Group today to start your own legalizing journey at Tel: (718)769-6352