Should I send my DACA and permanent residency application at the same time?

UPDATED: Oct 1, 2022

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Should I send my DACA and permanent residency application at the same time?

I have DACA and will expire in October. Im
getting married in March to me US citizen
girlfriend. I will be applying for permanent
residency soon after that. My question is,
should I submit my daca renewal application at
the same time as a the permanent residency
application? I dont want to be without status
after my DACA expires if the permanent
residency application takes too long.

Asked on January 2, 2019 under Immigration Law


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Please realize that just becuase you may be eligible for DACA does not necessarily mean you are eligible for a green card on the basis of marriage to a US citizen so before you determine that, go ahead and continue with DACA if you are still eligible.  The requirements for DACA are different from the requirements for green card even if you are married to a US citizen.

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 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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