DACA Green Card Through Marriage in 2025 – Complete Guide to U.S. Residency
- Viktor A. De Maio
- Oct 1, 2025
- 3 min read
If you have DACA and are considering marriage to a U.S. citizen or lawful permanent resident, you may be wondering if that union can lead to a green card. The good news is: yes, it’s possible—but the process depends on several factors, including how you entered the U.S., your immigration history, and whether you need a waiver.
In this complete guide, De Maio Law, PLLC explains step by step how the process works, what requirements apply, the documents you need, available options depending on your circumstances, and the most common mistakes to avoid. Our goal is to help you clearly understand how marriage can help you move from DACA to permanent residency in the United States.
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What Does It Mean to Obtain Residency Through Marriage if You Have DACA?
Marriage-based residency is the legal pathway by which a DACA recipient may apply for a green card after marrying a U.S. citizen or lawful permanent resident (LPR). Unlike other applicants, DACA holders face unique challenges due to their method of entry and immigration history.
Key Differences: Marrying a U.S. Citizen vs. Permanent Resident
📍 Marriage to a U.S. Citizen
Considered “immediate relatives,” with no annual visa caps.
If you entered legally (tourist visa, parole), you may adjust status without leaving the U.S.
📍 Marriage to a Permanent Resident
Subject to visa quotas, meaning longer waits.
Adjustment may be delayed until a visa number becomes available.
Common Scenarios for DACA Holders
Legal Entry (Visa or Parole):
If you entered legally before receiving DACA, you may adjust status in the U.S. after marriage to a citizen.
Entry Without Inspection (EWI):
Most common but also most complex. Options may include:
Advance Parole: Prior legal reentry allows adjustment of status.
Parole in Place (PIP): Available if your spouse or parent is a U.S. military member.
I-601A Waiver: If no legal entry, you may need to leave the U.S., request a waiver, and complete consular processing.
Required Documents
Form I-130 (Petition for Alien Relative)
Form I-485 (Adjustment of Status) – if eligible
Marriage certificate
Passports, I-94, DACA approval notice
Evidence of bona fide marriage (photos, leases, joint accounts)
Tax returns, affidavits, employment proof
Approximate Processing Times
I-130 Petition: 8–14 months
I-485 Adjustment: 10–18 months
I-601A Waiver: 12–24 months
Consular Processing: 6–12 additional months
👉 Total timeline: 1.5–3 years, depending on your case.
Common Mistakes to Avoid
Marrying solely for immigration benefits (can result in severe penalties).
Failing to consult an attorney before filing.
Submitting weak evidence of marriage authenticity.
Ignoring the need for a waiver if required.
Expert Tips
Always consult with an immigration lawyer before marriage-based filings.
Keep strong evidence of your genuine relationship.
Never travel on Advance Parole without legal advice.
Frequently Asked Questions About DACA Marriage Green Card
1. Can I get a green card if I have DACA and marry a U.S. citizen?
Yes, but eligibility depends on your entry and history. Legal entry = adjustment possible inside the U.S. Entry without inspection may require parole, waiver, or consular processing.
2. What if I entered the U.S. illegally and never left?
You may need an I-601A waiver or Parole in Place if your spouse is in the military.
3. How long does the process take?
Typically 1.5–3 years, depending on waivers and USCIS backlogs.
4. What documents are required?
Forms I-130 & I-485, marriage certificate, DACA approval, passport, proof of bona fide marriage.
5. What if my spouse is only a permanent resident?
Processing may be longer due to visa limits. Sometimes, it’s best if they naturalize first.
6. Can I travel with Advance Parole?
Yes, but only with attorney guidance—improper travel can lead to DACA loss or inadmissibility.
7. Is hiring an attorney necessary?
Not mandatory, but strongly recommended. Mistakes in filings often delay or jeopardize the case.
Conclusion
Obtaining a green card through marriage with DACA is possible in 2025, but the process varies depending on your entry, history, and eligibility for waivers. The safest approach is to work closely with an experienced immigration lawyer who can guide you through each step.
📞 At De Maio Law, PLLC, we help DACA recipients secure permanent residency through marriage.
Call us today at (786) 232-9120 or schedule your consultation by mail: info@demaio-law.com to explore your options.
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