Deferred Action for Childhood Arrivals (DACA) has provided temporary protection from deportation and work authorization to hundreds of thousands of young immigrants since 2012. However, DACA is not a lawful status and does not provide a direct path to permanent residence. For Indiana DACA recipients who have married a U.S. citizen, understanding how DACA interacts with adjustment of status is essential.

The core challenge for most DACA recipients seeking a green card is unlawful presence. Many DACA holders entered the United States without inspection — meaning they were never admitted or paroled by an immigration officer. Without a lawful entry, standard adjustment of status is generally unavailable, even if married to a U.S. citizen.

Advance parole is the most commonly used strategy to create a lawful entry record. A DACA recipient who obtains advance parole — permission to travel abroad for humanitarian, educational, or employment purposes — and then returns through a U.S. port of entry receives a lawful admission. This new lawful entry can make them eligible for adjustment of status based on marriage to a U.S. citizen.

The process requires careful planning. First, the DACA holder files Form I-131 for advance parole, specifying the purpose of travel. Common qualifying reasons include attending a funeral or visiting a sick relative (humanitarian), studying abroad (educational), or work-related international assignments (employment). After advance parole is approved, the DACA holder travels and returns through a designated port of entry.

Upon return with advance parole, the individual receives an I-94 record indicating lawful parole. At this point, the couple can file Form I-130 and I-485 concurrently, provided all other eligibility requirements are met. The advance parole entry serves as the lawful entry that opens the door to adjustment of status.

It is critical to note that advance parole for DACA carries risks. Departing the U.S. without approved advance parole results in automatic termination of DACA. Additionally, individuals with prior removal orders or certain criminal history may face additional scrutiny upon reentry. Legal counsel should review every case before travel is undertaken.

For Indiana DACA recipients, our Fishers office has helped numerous clients navigate this pathway. The key is meticulous preparation: ensuring the advance parole application is well-documented, the reentry is smooth, and the subsequent marriage-based adjustment is filed correctly and promptly.