DACA recipient marrying a American citizen?

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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
situation?

Asked on February 26, 2018 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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