Name: LegalService
Item: Getachew & Ansari Immigration Attorneys, P.C.
Rating: 5
Author: EthioHealth Network

If you were a recipient of Deferred Action for Childhood Arrivals (DACA), getting a Green Card may be possible by applying for an adjustment of status. DACA does not provide a direct pathway to getting a Green Card. However, you may apply for one if you can prove that you meet the eligibility criteria for lawful permanent residence status under other regulations. For example, you can show that you qualify for a Green Card because of marriage or because of your family’s immigration status.

Getachew & Ansari Immigration Attorneys, P.C., helps all people within the immigrant community seek Green Cards, visas, and status adjustments so they can live, work, marry, and travel freely in the United States. Our team was founded by well-respected attorneys who are also immigrants. While Yemi Getachew lost her battle to cancer in 2022, Medya Ansari and her staff carry on Yemi‘s legacy and passion by providing personalized legal support to immigrants across the United States.

DACA and Paths to Permanent Residency

Deferred Action for Childhood Arrivals is a program that allows some people who arrived in the United States as children to request permission to stay in the U.S. legally. To apply for DACA status, the person needs to meet specific eligibility criteria, such as:

They came to the United States before they were 16 years old.
They have lived in the United States since June 15, 2007.
They did not have lawful immigrant status before June 15, 2012.
They are going to school or were honorably discharged from the military.

The person needs to reapply for DACA status every two years. Currently, being a recipient under the DACA program does not provide a direct pathway to permanent residency. However, there are other ways for DACA recipients to request a Green Card, such as through family-based immigration, school, or religious work.

Can DACA Recipients Apply for a Green Card?

Yes. While the DACA program does not offer Green Cards directly, people who are given temporary lawful status under the DACA program may be eligible to apply for a Green Card if they qualify based on other criteria. For example, they may be eligible for lawful permanent resident status if they married a United States citizen, are related to a Green Card holder, or are a religious worker.

How Can DACA Recipients Get a Green Card?

DACA recipients can get a Green Card by determining what category of lawful permanent residency they qualify for and following the application process. For example, if a DACA recipient is applying because they are related to someone with a Green Card, they would need to file Form I-485, and their family member would file Form I-130. Other special programs may allow DACA recipients to apply for a Green Card if they qualify under the applicable rules, such as the Special Immigrant Religious Worker program.

Limitations of DACA Status

DACA status delays when the United States government can seek to deport someone; however, it does not grant the person with DACA status lawful permanent residency in the United States.

When someone applies for or renews DACA, it puts a two-year pause on when the government can try to deport or remove someone. During those two years, the U.S. government agrees not to remove the recipient as long as the recipient continues to meet the eligibility criteria. The DACA rules are not a way for someone to receive a Green Card, but a DACA recipient may become eligible for a Green Card through other laws.

Adjustment of Status Through Marriage to a U.S. Citizen

One way a DACA recipient can apply for a Green Card is if they are engaged to and marry a United States citizen or someone with a Green Card. To qualify under these regulations, the person would need to complete the application process. As part of this, the United States government would want to make sure the engagement and marriage are legitimate. Additionally, each fiancé would need to submit the required forms and documentation.

Advance Parole and Its Role in Green Card Eligibility

Advance parole is one way for an immigrant to leave the United States and return without losing their lawful permission to do so. DACA recipients can use advance parole to make sure they can travel out of and return to the United States without issue. DACA recipients can also use advance parole to give them lawful entry, which they can use to prove their eligibility for another type of immigrant visa or adjustment of status.

Special Immigration Programs That May Apply to DACA Recipients

DACA recipients may use other immigration pathways to gain lawful permanent resident status.

For example, the Violence Against Women Act allows eligible immigrants to apply for a Green Card if they are being or were abused by a spouse or close relative (e.g., spouse, parent, or child) who is a United States citizen or has a Green Card.

Additionally, DACA recipients who are religious workers, such as ministers or missionaries, may apply for lawful permanent resident status under the Special Immigrant Religious Workers rules.

The Special Immigrant Juvenile classification program also provides protections and a possible Green Card pathway for DACA recipients who are under 21 and abused or neglected by their parents in the United States.

Contact an Experienced Green Card Lawyer at Getachew & Ansari Immigration Attorneys, P.C.

One question many people have is, “Can DACA recipients apply for a Green Card?” If you are a DACA recipient, you may be eligible for a Green Card through a different program. However, the Deferred Action for Childhood Arrivals program does not provide a direct pathway to getting a Green Card. Instead, you would need to show that you are eligible for other reasons.

Getachew & Ansari Immigration Attorneys, P.C., provides compassionate and timely legal support to DACA recipients and other members of the immigrant community. Medya Ansari is a first-generation immigrant and an experienced legal advocate. From her time in law school through today, she has devoted her career to helping people seek visas, Green Cards, and adjustments of status. Reach out to Medya’s team today at 408-292-7995 and schedule an appointment to talk about your situation and how we can help.

★★★★★

She is truly expert and her advise is precise and nothing vague. Her support is always kind and appropriate with timely manner. We feel the sense of safety and trust. Thank you for your support!

Tsuyoshi A.

I am writing this review to recommend the services of Medya Ansari, enthusiastically and unequivocally to anyone looking for an intelligent and compassionate lawyer specializing in immigration. I am so grateful to Medya for helping us navigate the challenging, and often emotionally taxing Citizenship process because we'd have been so lost without her, especially after the attorney who was handling our case bailed out on us. If you are looking for someone to guide you through the intricacies of US immigration policies, you can't find anyone better than Medya Ansari. I am very thankful to Helen Tessema for accommodating us, even though we contacted the office a few days before our Citizenship interview.

EthioHealth Network

The most professional law firm with many years of experience.

Peymaneh Says

Yemi is not only highly competent (after 20 years in the field), but she is heart and soul. She is the real deal.

Lina S.

My experience with Getachew & Ansari Immigration Attorneys was a relief. Medya Ansari is the one who helped me carry the weight of the green card process to the very end. She was exceptionally professional and insightful from the initial consultation to the final approval. I felt myself in the right place because of Medya's experience and knowledge. I'd like to give a special shout-out to the wonderful Helena, who was always completely helpful and provided a high level of communication. I wholeheartedly recommend this office to anyone seeking legal representation on immigration matters. I am so grateful for the help I received.

Petr Perminov

Medya and her exceptional team at Getachew & Ansari Immigration have been the guiding stars on my challenging path towards securing my green card. As I look back on the years we've spent together, they have become more than just my migration lawyers; they have become an extension of my family. From day one, my case was a maze of complexities and obstacles, but Medya's expertise and her team's dedication transformed the seemingly impossible into a reality. what truly sets Medya and her team apart is their personal touch. They are not just legal professionals; they are genuine friends who care deeply about the well-being of their clients. They've walked beside me, understanding not only the intricacies of immigration law but also the emotional and psychological toll it can take on individuals. Throughout the journey, there were moments of despair and hopelessness. But Medya and her team were always there to provide a ray of hope, offering kind words, a listening ear, and a comforting presence. Their knowledge, professionalism, and expertise are unparalleled, but it is their humanity and compassion that truly shine. In a world where legal matters can often be impersonal and intimidating, Medya and her team have redefined what it means to have immigration representation. They've transformed the legal process into a deeply personal and transformative journey, and I couldn't be more grateful for their guidance. To Medya and her incredible team, you are not just legal professionals; you are guardians of dreams, friends, and cherished family. Thank you for your unrelenting support, your kindness, and your unwavering dedication.

Solomon E.

My family and I are incredibly grateful to Medya Ansari and her team for their professionalism, knowledge, and dedication. They were patient, communicative, and kept us informed every step of the way, ensuring we fully understood the process. Medya was upfront about the possible outcomes and risks, providing us with clear guidance. Once we decided to move forward, she was persistent and committed to finding a solution. We truly appreciate her efforts and highly recommend her and her team!

Mohammad Adeel

I had a fantastic experience with Medya and her team. My case was really complicated, and many other immigration attorneys said they wouldn't take it. Medya found a way to make it successful. They worked really hard, and we won it. I'm forever grateful to her and her team (Helen and Rudy), who were on point all the time. Thanks again.

Ilya S.

Can DACA Recipients Apply For a Green Card?