In 2025, many people who entered the United States as children under the Deferred Action for Childhood Arrivals (DACA) program dream of permanent status. For others, the marriage to a U.S. citizen or lawful permanent resident is the most appealing way to a green card. There is potentially such an option, but it depends on several critical factors involving how you entered the U.S. and your immigration history.
At The Law Office of Olena Manilich, we assist DACA recipients in taking a step in the right direction and paving the way to a safe future. And if you are thinking of filing for a green card through marriage, do not hesitate to book a meeting with us. So we can help you navigate the process based on your circumstances.
Marriage to a U.S. Citizen vs. Permanent Resident
If you marry a United States citizen, you may be eligible for a faster route to a green card than if you marry a permanent resident. Immediate relatives of United States citizens are handled differently under the law and can bypass some of these wait times. But even in those instances, you must comply with requirements about lawful entry and presence.
Let’s take an example. A DACA holder who was brought to the U.S. as a child and entered the country legally. For example, on a visa with inspection, one is usually able to apply for adjustment of status without any need to leave the country. We assisted a Colombian client who was in this very position. Once she got married to a U.S. citizen, and filed her marriage-based petition and adjustment of status application. She received it in less than one year.
If you came to this country without inspection, your process could be different. You may require a waiver or a specialized program like advance parole or consular processing. Feel free to get in touch with the Law Office of Olena Manilich to learn what path will be most suitable for you.
The Role of Advance Parole and Travel History
In some instances, DACA recipients who entered without inspection would still be able to become eligible for a green card through marriage. The possibility would be realistic if they left the U.S. with advance parole and re-entered the country lawfully. This type of re-entry will generally satisfy the lawful entry requirement for AOS.
We collaborated with a client from Mexico who traveled on advance parole for a humanitarian purpose in 2022. She married her same-sex partner of many years, a U.S. citizen, once back in the U.S. She was found to have made a lawful re-entry, so we were able to assist her in filing for a green card without having to leave the country.
If you’re unsure whether advance parole is available in your case, we recommend speaking with an attorney before proceeding. Review our green card services to find out how we may be able to help you avoid frustrations, delays, or rejection.
Costs and Timelines to Expect
Getting a marriage-based green card entails government filing fees and an attorney’s fees. USCIS typically charges $1,760 for adjustment of status applications. Other fees may be applicable if a waiver or consular processing is required. Legal fees depend on the specifics of your case, but typical full-service representation can cost between $3,000 and $6,000.
These fees also include the preparation of all forms, information gathering, interview training, and all support through any RFE. We just recently assisted a couple in New York in preparing and submitting a “full package” consisting of a DACA history, a marriage petition, and a successful green card application. They were approved in nine months with no waiver required.
If you’re already budgeting for your future together, then schedule a consultation with us to discuss your case, projected fees, and the best timeframe.
Planning Despite Uncertainty Around DACA
While the DACA program exists in 2025, it continues to be plagued by legal and political threats. For that reason, marriage-based green card billing remains the more certain permanent option for many DACA recipients. Just don’t go about the process in haste, without seeking guidance. It can create more problems than it solves.
Eligibility will depend on the specifics of your case — how and when you arrived. Whether you traveled with an advance parole, your criminal and immigration history, and whether your spouse is a citizen. Each detail matters.
At The Law Office of Olena Manilich, we assist couples in assembling solid marriage-based green card packages that satisfy all the requirements. If you’re a DACA recipient who’s considering your next step, don’t go it alone.
Don’t hesitate to reach out and see what we can do to help build your future today.
