Can a DACA Recipient Marry an American Citizen and Remain in the Country?

Many DACA (Deferred Action for Childhood Arrivals) recipients are in a complex legal and personal situation, often wondering if marrying an American citizen could provide a path forward to lawful residency. However, the answer is not as straightforward as one might hope.

Understanding the Legal Landscape

Unfortunately, DACA recipients are not considered criminals; however, their immigration status is indeed challenging. If a DACA recipient is undocumented, they do not automatically gain any immigration benefit from marrying a US citizen.

Marriage Considerations

Marriage to a US citizen can be a strategic option for many DACA recipients, but it comes with significant legal hurdles. Here are some key points to consider:

Legitimacy of the Marriage

The marriage must be legitimate and not motivated by dishonesty or sham. USCIS (United States Citizenship and Immigration Services) scrutinizes all marriages carefully to ensure that they are genuine.

Admission and Overstay

If the DACA recipient has been admitted into the country and is considered an overstay, they might have a better chance of obtaining lawful permanent residency through marriage to a US citizen. However, if they entered the country without inspection, they would need to leave and serve a ban period before considering any further steps.

Consequences of Lies and Lies

Attempting to deceive USCIS will likely not work and could result in severe penalties. Additionally, the US citizen involved in the marriage can face legal consequences, including potential criminal charges.

Legal Pathways and Challenges

Marrying a US citizen does not automatically solve an undocumented person’s immigration problems. In many cases, it may even complicate the situation, as USCIS highly disapproves of such marriages unless they are genuine.

Legality of "Marriage of Convenience"

A "marriage of convenience" is illegal and can result in deportation for both the DACA recipient and the US citizen if it is determined that the marriage was not genuine. USCIS and INS/DHS (Immigration and Naturalization Service/Department of Homeland Security) take this very seriously.

Legal Representation

Even if a marriage is legitimate, the process is extremely complex and requires careful consideration. Obtaining legal advice from a very good and expensive immigration lawyer is highly recommended, as the outcome is often uncertain.

Conclusion

In summary, while marriage to a US citizen can be a part of a strategy for a DACA recipient to remain in the country, it comes with significant risks and challenges. It is crucial to ensure that the marriage is genuine and to consult with an experienced immigration lawyer to guide through the process.