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Why Don't Immigrants with DACA Status Become Legal?

"Why don’t DACA immigrants just become legal?"

 

Eric Pavri has been an immigration lawyer for eight years and is currently the Director of Family Immigration Services at Catholic Charities of Central Colorado.  In a Facebook post, he provides answers to this question.  The following paragraphs are almost word for word from his post, formatted for readability.

 

Why haven’t immigrants with DACA status just become citizens?

 

To become a U.S. citizen (other than by birth), you must first become a Lawful Permanent Resident (“green card” holder).  Only after five years as a Permanent Resident can you apply to become a citizen. There are three primary options to do so:

  1. Family-based petitions. This means that a U.S. citizen or Permanent Resident parent, spouse, adult child, or sibling files a “petition” for you. Depending on the category that you fall into, the wait will be anywhere from 1 – 22 years (yep) before you can use that petition to take the next step – applying to become a Permanent Resident (background checks, medical exam, more fees, etc.). That works for people living outside the U.S., but for those who have been here, it may not be possible if they entered the U.S. illegally, even if they were minor children when they did so.
  2. Employment-based petitions. A U.S. employer can similarly sponsor you, but generally only if you are in a profession requiring an advanced degree or unique skills (doctors, software engineers, world-class athletes to coach professional sports teams, etc.). Even then, the potential employer must generally also prove that they made good-faith efforts to hire a U.S. citizen for the position, but no qualified applicants applied.
  3. Diversity visa lottery. Every year, the U.S. government selects 50,000 people worldwide who enter a lottery and pass background checks to come to the U.S. as Permanent Residents. This lottery, however, is only available to people from countries that traditionally send few people to the US – so, for example, people from countries such as Mexico, the Philippines, China, Guatemala, India, El Salvador, and other countries that send larger numbers of immigrants to the U.S. do not have this option.

Extra note: The current Administration has actively sought to eliminate or dramatically limit Options #1 and #3. The new term being used in the attempted re-branding of Option #1, family-based immigration, which has been the basic principle of U.S. immigration law for over a century, is “chain migration”. If those two options are in fact eliminated or curtailed, legal immigration to the U.S. will be significantly reduced.

 

The KEY POINT to all of the above: If you do not qualify for one of these 3 options, then there is no “line” to get into to legally become a Permanent Resident and eventually a U.S. citizen. So, if you are not fortunate enough to have, say, a U.S. citizen spouse or a graduate degree in computer science, you very likely can never become a citizen of the United States.

 

Why didn’t President Obama create a path to citizenship when he established DACA in 2012?

 

Earlier that year, Congress had, for the 11th year in a row, failed to pass the Dream Act, which would have done exactly that. The President acting through his authority as head of the Executive Branch cannot create a path to Lawful Permanent Residency (and eventual US citizenship). Only a law, passed by Congress and then signed by the President, can accomplish that. So, President Obama on June 15, 2012 created the more limited DACA program through Executive Action – which is why President Trump, as the new President, was able to end the program, also without an act of Congress, last fall.