Yes. A DACA recipient may be able to get a Green Card if they independently qualify for lawful permanent residence through another immigration category. DACA itself does not provide lawful immigration status or create a direct path to a Green Card. Whether someone can apply for adjustment of status from inside the United States or must use another process depends on factors such as the basis for the Green Card, how they entered the United States, whether they were admitted or paroled, their immigration history, and any grounds of inadmissibility.
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.
Does DACA Give You a Green Card or Lawful Immigration Status?
No. DACA is a form of deferred action, meaning the Department of Homeland Security generally defers removal action for an approved period. DACA does not itself grant lawful immigration status, permanent resident status, or a Green Card. USCIS also makes clear that DACA does not create a direct path to citizenship.
A person with DACA may nevertheless qualify for permanent residence under a separate part of U.S. immigration law. The key question is not simply whether someone has DACA, but whether they qualify for another immigrant category and whether they can use the appropriate Green Card process based on their immigration history.
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.
For information about the DACA program itself, see our guide to DACA requirements.
What Green Card Paths May Be Available to DACA Recipients?
A DACA recipient must qualify for a Green Card under an immigration category that exists independently of DACA. Depending on the person’s circumstances, possible categories may include:
Family-based immigration: A qualifying U.S. citizen or lawful permanent resident family member may be able to file an immigrant petition.
Marriage to a U.S. citizen or permanent resident: Marriage may create a family-based immigrant category, but the process and eligibility requirements differ depending on the spouse’s status and the DACA recipient’s immigration history.
Employment-based immigration: Some DACA recipients may qualify for an employment-based immigrant petition. Qualifying for the immigrant category does not automatically mean the person is eligible to adjust status inside the United States.
Humanitarian or special immigrant categories: Depending on the facts, programs such as VAWA, U or T nonimmigrant classifications, or Special Immigrant Juvenile classification may eventually provide a Green Card pathway.
Qualifying for an immigrant petition is only part of the analysis. A DACA recipient may also need to establish eligibility for adjustment of status or determine whether another process, such as consular processing, is required.
Can a DACA Recipient Get a Green Card Without Marriage?
Yes, marriage is not the only potential Green Card pathway for a DACA recipient. Depending on the person’s circumstances, another family relationship, an employment-based immigrant category, or certain humanitarian or special immigrant classifications may provide an independent basis for permanent residence.
However, qualifying for an immigrant category does not necessarily mean the person can obtain a Green Card from inside the United States. Adjustment-of-status eligibility can depend on how the person entered the country, whether they were inspected and admitted or paroled, prior periods of unlawful presence, immigration violations, admissibility, and whether an exception to an adjustment bar applies.
Because DACA itself does not cure those issues, two DACA recipients who qualify for the same immigrant category can have very different Green Card options.
Learn more about adjustment of status and whether applying for permanent residence from inside the United States may be available.
Does DACA Count as Lawful Status or Permanent Residence?
No. DACA does not confer lawful immigration status or lawful permanent resident status. It is a discretionary form of deferred action.
While deferred action is in effect, a DACA recipient generally does not accrue unlawful presence for purposes of certain inadmissibility provisions. However, DACA does not erase unlawful presence that accrued before the grant of deferred action, cure an entry without inspection, or independently make someone eligible for a Green Card.
DACA is also not a visa and is not the same as having a Green Card.
Can a DACA Recipient Get a Green Card Through Marriage?
Marriage can provide a Green Card basis for some DACA recipients, but marriage alone does not guarantee eligibility for adjustment of status.
A spouse of a U.S. citizen is generally classified as an immediate relative for immigration purposes. If the DACA recipient was inspected and admitted or paroled into the United States and otherwise qualifies for adjustment of status, they may be able to apply for permanent residence without leaving the country.
A person who originally entered without inspection may face a different analysis. Advance parole, INA section 245(i), consular processing, unlawful-presence rules, prior removal history, or other issues may affect the available path.
Marriage to a lawful permanent resident also creates a potential family-based category, but it is subject to different visa-availability and adjustment-of-status requirements than marriage to a U.S. citizen.
Learn more about adjustment of status and whether applying from inside the United States may be available.
Can DACA Advance Parole Help With Green Card Eligibility?
Advance parole can be important in some DACA Green Card cases, particularly for people who originally entered the United States without inspection.
When a DACA recipient travels with an approved Advance Parole Document and is subsequently paroled into the United States by Customs and Border Protection, that parole may help satisfy the “inspected and admitted or paroled” requirement for adjustment of status under INA section 245(a). It does not, by itself, make the person eligible for a Green Card.
The person must still qualify under an immigrant category, have an immigrant visa available when required, be admissible or qualify for applicable relief, and satisfy the other adjustment requirements.
Advance parole also does not guarantee reentry. USCIS states that travelers remain subject to inspection and that issuance of the document does not guarantee DHS will parole the person into the United States.
Read our current guide to DACA advance parole in 2026 before considering international travel.
Other Green Card Options That May Apply to DACA Recipients
Some DACA recipients may qualify for other immigration classifications based on circumstances unrelated to DACA. Examples can include:
VAWA: Certain abused spouses, children, or parents of U.S. citizens or lawful permanent residents may qualify to self-petition.
U or T classifications: Victims of certain crimes or human trafficking may qualify for immigration relief that can eventually lead to permanent residence.
Special Immigrant Juvenile classification: Certain unmarried people under age 21 who meet the federal and state-court requirements may qualify for SIJ classification and later apply for permanent residence when a visa is available.
Employment or special immigrant categories: A person may independently qualify for an employment-based or special immigrant petition, although their ability to adjust status in the United States requires a separate eligibility analysis.
These categories have different eligibility rules, and DACA neither guarantees nor prevents eligibility by itself.
Frequently Asked Questions
Is DACA a Green Card?
No. DACA is deferred action and does not grant lawful permanent resident status. A DACA recipient must qualify for a Green Card through another immigration category.
Can DACA Recipients Get a Green Card Without Marriage?
Yes, potentially. Marriage is only one possible basis. Family, employment, humanitarian, or special immigrant categories may provide another route depending on the person’s circumstances.
Does DACA Provide a Path to U.S. Citizenship?
DACA itself does not provide a direct path to citizenship. A DACA recipient would first need to qualify for permanent residence or another applicable path before later determining whether they meet the separate requirements for naturalization.
Can DACA Recipients Adjust Status in the United States?
Some can, but DACA alone does not make someone eligible for adjustment of status. Eligibility depends on the underlying immigrant category, admission or parole history, adjustment bars, admissibility, visa availability when applicable, and other case-specific factors.
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 permanent residence through another immigration category, but the available process depends on your specific history and eligibility. Getachew & Ansari Immigration Attorneys, P.C. provides legal guidance on Green Card immigration, DACA, adjustment of status, and other immigration matters.
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.
