DACA and Unlawful Presence

Many who acquired DACA status – Deferred Action for Childhood Arrivals, did so because they entered the U.S. without documentation and therefore, had no means of legalizing their status, except through DACA. But DACA is only temporary.

If you acquired DACA before you turned 18 years old, and have been maintaining your DACA status, you may be eligible to be sponsored by a family member for permanent residence.

Normally, if a person has been in the U.S. without status, they accrue "unlawful presence" and this prevents them from being sponsored for a visa. But in the case of someone who received DACA before turning 18, and maintained DACA status, a family member can sometimes sponsor you for an immigrant visa because you have not accrued unlawful presence under the law due to your DACA status.

If you think this may apply to you, you should speak with an Immigration Attorney to see if you are eligible to become a permanent resident.