DACA recipient marrying a American citizen?

UPDATED: Oct 1, 2022

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DACA recipient marrying a American citizen?

Hi my name is Carolina I am a American citizen born in California. I have a few
questions that I hope you can answer. My boyfriend and I have been together
since 2015. My boyfriend is a DACA recipient and we had already talked about
marriage because we love each other but now with the whole thing about DACA
going on we are getting married soon. His DACA permission expires January
2019. I want to know if after we get married how long do we have to wait to
apply for his green card. And how long would the process of his green card
would take. Also do you recommend getting married ASAP because of his

Asked on February 26, 2018 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have to clarify what your husband's status is in the US in terms of how did he enter the US.  Just because he was eligible for DACA does not necessarily mean he is eligible to apply for a green card on the basis of marriage to a US citizen.  In fact, if he entered the country unlawfully and is now over the age of 18, while he may have been eligible for DACA he is NOT eligible to adjust status within the US.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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