Can DACA Recipients Get a Green Card Through Marriage to a U.S. Citizen?

“I’m married to a U.S. citizen. Can I get a green card?”

If you’re a DACA recipient asking this in 2025, the answer is: maybe, but it’s complicated.

At Tran Flores Law, we often meet with DACA recipients who are married to U.S. citizens and want to know if they can apply for a green card. The answer depends on how the person entered the U.S. and whether they qualify for any special immigration programs.

The Political Climate Has Shifted, And So Has the Pathway

With President Trump back in office, immigration policies have tightened. Programs like DACA are under renewed scrutiny, and proposals to eliminate them have resurfaced. The administration has also introduced a new registration requirement for certain undocumented immigrants, raising concerns about potential risks such as detention and deportation.

Additionally, the administration has implemented stricter vetting processes, including enhanced social media surveillance for immigration applications. These changes have made the immigration landscape more challenging for DACA recipients seeking permanent resident status through marriage.

Lawful Entry vs. Entry Without Inspection

A key factor in whether a DACA recipient can apply for a green card in the U.S. through their U.S. citizen spouse is whether they entered the United States lawfully, meaning they were inspected and admitted or paroled by an immigration officer. Examples include entering the U.S. on a visa or returning with Advance Parole.

• If the DACA recipient entered the U.S. lawfully (even if they later overstayed), they are generally eligible to adjust status in the U.S. after marrying a U.S. citizen. They can file for a green card without leaving the country.

  
  

• If the DACA recipient entered the U.S. without inspection (EWI), the process becomes more complicated. In most cases, a person who entered without inspection is not eligible to adjust status from within the U.S., even if married to a U.S. citizen.

  
  

Possible Pathways for Those Without Lawful Entry

Some DACA recipients who entered without inspection may still have options, depending on their circumstances:

Advance Parole

If the DACA recipient traveled on Advance Parole (a special travel document that was previously available to DACA recipients in certain situations) and returned to the U.S. lawfully, they may now have a valid entry that allows them to apply for adjustment of status. However, under the current administration, the availability and approval of Advance Parole for DACA recipients have become more restrictive.

Military Parole in Place (PIP)

DACA recipients who are spouses, parents, or children of U.S. military members or veterans may qualify for Military Parole in Place. This program provides a legal entry for those who originally entered without inspection, making them eligible to apply for a green card from inside the U.S. There is no indication that PIP will be expanded to include spouses of U.S. citizens more broadly under the current administration.

Waiver and Consular Processing

In some cases, a DACA recipient who entered without inspection may be able to apply for a green card through consular processing. This involves leaving the U.S. to attend an interview at a U.S. consulate or embassy abroad. However, if you've accrued unlawful presence, you may face a three- or ten-year bar to reentry. A provisional waiver (Form I-601A) can mitigate this, but the process is complex, carries more risk, and is not right for everyone.

What About Biden’s Immigration Proposal?

In June 2024, President Biden announced a proposal to offer Parole in Place to certain undocumented spouses of U.S. citizens, even if they do not have military ties. If implemented, this policy could allow many undocumented spouses, including some DACA recipients, to apply for a green card without leaving the U.S.

However, under the Trump administration, the proposed Parole in Place (PIP) program announced in 2024 has been rescinded. As of now, there is no new policy permitting undocumented spouses without lawful entry to apply for a green card from within the U.S.

Let Tran Flores Law Help

Every immigration case is different. Our attorney at Tran Flores Law can review your history, explain your options, and help you take the safest path forward. Whether you're a DACA recipient married to a U.S. citizen or you want to explore possible waivers or future programs, we are here to guide you every step of the way.

Contact us today at (512) 894-9984 to schedule a consultation.