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What Happens If I Get Married to a U.S. Citizen If I Have DACA?

Many DACA recipients ask whether getting married to a U.S. citizen will help them obtain a Green Card. Marriage to a U.S. citizen can open new immigration options, but the process is not the same for everyone. Your eligibility depends on how you entered the United States, your immigration history, and whether you have ever been in removal proceedings.

This guide explains what DACA holders should know before filing anything with USCIS, and why speaking with an experienced immigration attorney is essential.

1. Determine Whether You Are Eligible to Apply for a Green Card Inside the United States

This is the most important step. Not all DACA recipients qualify for adjustment of status in the United States.

You may be eligible to apply for a marriage‑based Green Card inside the U.S. if:

If you entered the U.S. without inspection, you may not qualify to adjust status in the U.S. and may require consular processing instead.

Because this determination affects your entire case, you should not file anything until an immigration attorney reviews your entry history, immigration records, and any prior applications.

2. Maintain Your DACA Status Even After Marriage

Even if you qualify to apply for a Green Card, it is still important to keep your DACA active.

Marriage does not guarantee a successful Green Card case. If your marriage does not work out or if USCIS denies your application, DACA may be the only protection you have from losing work authorization or falling out of status.

Maintaining DACA gives you a safety net while your marriage‑based case is pending.

3. Avoid Filing for a New Work Permit Unless Your DACA EAD Is Expiring Soon

Some couples believe they should apply for a new work permit based on marriage. In most cases, this is unnecessary and creates an additional filing fee.

We generally recommend not applying for a marriage‑based work permit unless:

If you are not eligible to adjust status, filing for a marriage‑based work permit can lead to rejection or denial.

4. Do Not Apply for Advance Parole Based on Marriage

Many DACA recipients hope that marriage to a U.S. citizen will make it easier to obtain advance parole. In most cases, USCIS will deny advance parole requests based solely on marriage.

Advance parole is typically granted only for:

Marriage alone is not considered a qualifying reason. Filing for advance parole without proper eligibility can lead to delays or denials.

5. If You Were Ever in Removal Proceedings, Get Your Case Reviewed Carefully

Some DACA recipients were previously placed in removal or deportation proceedings. If this applies to you, your case must be analyzed very carefully.

Many people believe their case was “closed,” but there are important differences:

Only certain outcomes allow you to apply for a Green Card inside the U.S. Filing without understanding your court history can lead to denial or referral to enforcement.

6. Why You Should Speak With an Immigration Attorney Before Filing Anything

Marriage to a U.S. citizen does not automatically fix immigration status. Every DACA case is different, and filing the wrong application can cause serious problems.

An experienced immigration attorney can:

This is especially important for DACA recipients because one mistake can affect both your DACA status and your marriage‑based case.

Thinking About Marriage and DACA? We Can Help.

If you have DACA and are planning to marry a U.S. citizen, the next step is understanding your eligibility and avoiding mistakes that could harm your case. Our office helps DACA recipients determine the safest and most effective path forward.

For more information on what happens if you get married to a U.S. citizen while on DACA, a consultation is your next best step. Get the information and legal answers you need by calling (281) 777‑1236 today.

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