Depending on the DACA recipient’s specific situation, they may or may not be eligible to obtain a marriage-based green card. Because everyone’s circumstances differ, the best way for a “Dreamer” to find out if they qualify to apply for a green card after marrying a U.S. citizen is by scheduling a consultation with an Atlanta, GA immigration attorney.
General Information Regarding Applying for a Marriage-Based Green Card
A green card, also referred to as a permanent resident card, will allow an individual to live and work in the U.S. permanently.1 The process an individual must follow to apply for and obtain a green card does vary as do the eligibility requirements.
Generally, when an individual wants to apply for a green card, they are required to file Form I-485, Application to Register Permanent Residence or Adjust Status. They may also be required to submit an immigration petition which usually needs to be filed by someone else, according to U.S. Citizenship and Immigration Services (USCIS).
In addition to submitting certain forms, including Form I-485, an individual looking to apply for a green card will also be expected to submit supporting evidence. The types of documentation that must be submitted will vary from person to person, however, USCIS will want evidence that proves a relationship exists between the DACA recipient and the U.S. citizen.
Although USCIS will usually accept a marriage certificate as proof of the marriage, if the agency has suspicions that the marriage may be based on fraud, additional measures may be taken to determine if the marriage is valid.
Hiring an Atlanta, GA Immigration Lawyer After Marrying a U.S. Citizen
While some individuals may need to leave the country and/or obtain a specific type of waiver in order to obtain their green card, others may not be required to take that additional step. However, because it all depends on what the individual’s status was at the time they entered the U.S. as well as when they were approved for the DACA program, it is best to have an Atlanta immigration lawyer assess the situation to determine what course of action the “Dreamer” will need to take.
If a DACA recipient married a U.S. citizen and they are wanting to apply for a green card, they are encouraged to contact Kuck | Baxter Immigration to discuss their situation with an immigration lawyer. The attorneys at Kuck | Baxter Immigration will be able to determine if a “Dreamer” qualifies to apply for a green card as well as identify the steps they must follow in order to obtain it.
To schedule an initial consultation with an experienced Atlanta, GA immigration attorney now, contact Kuck | Baxter Immigration at 404-816-8611.
Kuck | Baxter Immigration can be reached at:
365 Northridge Road, Suite 300
Atlanta, GA 30350