Salt Lake City DACA Attorney

Can I Obtain a Green Card from Deferred Action?

Here is a basic outline for turning your Deferred Action status into Lawful Permanent Residence–or a Green Card!

There are two types of people who have Deferred Action for Childhood Arrivals–also known as DACA:

1. Those who entered the United States as children with a visa and simply overstayed; and
2. Those who entered the United States as children without inspection and remained.

The way the law treats these two different groups determines which process you must follow to obtain your green card.

Sponsorship by a Relative

If a person entered the United States with most visas or inspection by a Customs and Border Patrol Agent and:

• Marries a United States Citizen; or
• Has a United States Citizen child over 21 years old,

that person’s U.S. Citizen family member can petition to adjust their status as an immediate relative to obtain a green card without ever leaving the country.

Advance Parole

However, the majority of DACA beneficiaries fall into the second category. They entered the United States without inspection by simply crossing the border.

Generally, people in this situation are ineligible to adjust their status in the United States without first being inspected and admitted by Customs and Border Protection. Luckily, there are still options available.

First, to circumvent the “inspected and admitted” requirement, DACA beneficiaries can apply for Advance Parole. Advance Parole allows the beneficiary to travel outside of the United States and return for a few different reasons:

• Urgent humanitarian purposes, which include medical assistance, to attend a family member’s funeral, visiting a sick relative, or some other urgent family-related matter;
• Educational purposes, including taking part in a study abroad program or doing academic research; or
• Employment purposes, including overseas assignments or client meetings, interviews, conferences, training, and travel needed to pursue a job with a foreign employer in the United States.

Once you return on your Advance Parole, congratulations, you are now considered “inspected and admitted”! Your immediate relative can now petition to adjust your status to Lawful Permanent Residency.

How Our DACA Attorney Can Help You

Here’s how our DACA attorney can assist you:

• Eligibility Assessment: We thoroughly evaluate your case to determine your eligibility for DACA. We review your background, education, and other factors to ensure you meet all the requirements.
• Application Preparation: We help you gather and organize all necessary documentation, including proof of identity, residence, and education. We ensure that your application is complete and accurately reflects your situation.
• Form Filing: We assist you in completing and filing the necessary forms, including Form I-821D (Consideration of Deferred Action for Childhood Arrivals) and Form I-765 (Application for Employment Authorization). We ensure that all forms are correctly filled out and submitted on time.
• Documentation Support: We help you compile and present evidence, such as school records, medical records, and affidavits, to support your DACA application. We ensure that your documentation is compelling and meets USCIS requirements.
• Renewal Assistance: DACA status must be renewed every two years. We help you with the renewal process, ensuring that your application is submitted on time and that you maintain your protection from deportation and work authorization.
• Legal Advice and Representation: We provide skilled advice and representation if you encounter any legal problems or complications during the DACA process. We advocate on your behalf to resolve any challenges and protect your rights.