Legal Considerations for DACA Beneficiaries Planning to Marry a U.S. Citizen


DACA recipients must consider several legal considerations when considering marriage to a U.S. citizen to ensure a smooth process. Below, let’s look at some critical points to consider.

  1. Immigration Status: Although DACA grants temporary work authorization, it does not provide legal immigration status. Therefore, marriage to a U.S. citizen does not automatically guarantee legal immigration status for the DACA beneficiary spouse.
  2. Marriage to a U.S. Citizen: Marriage to a U.S. citizen can offer a potential pathway to obtain legal immigration status through adjustment of status. However, it is crucial to comply with all legal requirements and procedures to avoid any issues and potential negative immigration consequences.
  3. Marriage Requirements: To qualify for adjustment of status based on marriage, the marriage must be valid and legally recognized. This means meeting age requirements, having the legal capacity to marry, and not being married to another person at the time of marriage.
  4. Adjustment of Status Process: The adjustment of status process can be complex and may require the submission of multiple forms and documents. It is essential to carefully follow all instructions and requirements from the United States Citizenship and Immigration Services (USCIS) to avoid delays or denials.
  5. Impact on DACA: Marrying a U.S. citizen can significantly impact the DACA status of the beneficiary spouse. It is of utmost importance to understand how marriage may affect DACA eligibility and status maintenance and seek legal advice if necessary.

In conclusion, DACA recipients planning to marry a U.S. citizen must consider various legal considerations to ensure a smooth adjustment of the status process and protect their current immigration status. It is essential to seek specialized legal advice to fully understand the requirements and procedures involved in the marriage-based adjustment of status process.