Life After DACA: Options for Permanent Residency

If you have DACA (Deferred Action for Childhood Arrivals), you may wonder: “What comes next?” DACA gives work permission and protection, but it does not automatically give a green card. Still, there are a few ways to try to become a lawful permanent resident (get a “green card”) — depending on your situation.

Here are some common paths for DACA recipients, and what to think about as you plan for the future.

1. Family-Based Green Cards

One of the most common ways for DACA recipients to try to get a green card is through a family member.

• Marriage: If you are married to a U.S. citizen, they can file Form I-130 (Petition for Alien Relative) for you. Then, if you entered the U.S. lawfully or travel was allowed under a special permit, you might apply for a “green card” (adjustment of status).
• Parent sponsorship: If your parent is a U.S. citizen, they may petition for you — but this depends on many details.

2. Using Advance Parole to Adjust Status

For some DACA recipients, traveling outside the United States and coming back with a document called Advance Parole (Form I-131) helps get a “lawful entry” record.

• Once you re-enter lawfully, you may be able to apply for a green card from inside the U.S.
• This method is not guaranteed, and the permit must be approved for humanitarian, educational, or work reasons.
• But if it works, it helps “fix” the problem of not having entered legally before.

3. Employment-Based Options

Another path is through work:

• If a U.S. employer is willing to sponsor you, some DACA recipients may qualify for employment-based visas or even a green card.
• For example, categories like EB-2 or EB-3 are possible, but they require a job offer and a labor certification.
• These options can be more challenging, but they offer a way to make your DACA status more permanent.

4. Special or Humanitarian Paths

In some special cases, DACA recipients may be eligible for other kinds of legal protections:

• Asylum or U visa (for victims of crime) — but these depend on very specific circumstances.
• VAWA self-petition (for people who have been abused by a U.S. citizen or permanent resident) — again, this depends on very specific facts.

Things to Know

• DACA does not equal permanent status: USCIS makes it clear that DACA is temporary.
• Not everyone can adjust status: If you never entered the U.S. legally, you may need to travel abroad under Advance Parole to come back lawfully.
• It takes time and money: Applying for a green card usually involves many forms, documents, and sometimes long waits.

👉 Schedule your confidential consultation today at 630-345-4164

FAQs

1. Can every DACA recipient get a green card?
   No. Not everyone qualifies. You need to have a qualifying family member, or a job sponsor, or meet special legal rules.
2. What is “Advance Parole” and how does it help me?
   Advance Parole lets you travel and return to the U.S. legally. If it’s approved for a valid reason (work, school, humanitarian), it can help you meet a “lawful entry” requirement to adjust status.
3. How long does it take to go from DACA to a green card?
   It depends a lot. Some people who marry a U.S. citizen might do it faster. Others waiting for work-based visas or special categories may wait years.

If you’re a DACA recipient thinking about getting a green card, you don’t have to do it alone. Godoy Law Office can help you explore your options — whether it’s family-based, employment-based, or through advance parole.

👉 Reach out today at 630-345-4164 for a consultation. We’ll review your situation, tell you the best path, and guide you step by step toward permanent residency.

🌐 Serving clients from 7 office locations: Oak Brook • Waukegan • Elgin • Orland Park • Berwyn • Aurora • Joliet