Can I adjust my DACA if my sister is a citizen?

I just got approved for DACA. I am 19 years old and have continuously lived in the U.S. since I was 5 years old, since 2001. There was a period from when I turned 18 to filing for DACA, about 11 months when I was undocumented. (From turning 18 years old to granted DACA status was 17 months of undocumented status.) My sister is a U.S. citizen. Can my sister apply to adjust my status?


David Leopold's picture

DACA is a temporary reprieve from enforcement action. It's not lawful immigration status. Nor does it give you the right to adjust status to lawful permanent residency. If you entered without authorization and/or have not been in lawful immigration status since entering the U.S., you generally cannot adjust your status based on your sister's sponsorship. There are a couple of narrow exceptions to this for people who were sponsored before April 30, 2001 or January 14, 1998. If a petition was filed for you or your parents before either of those dates, you should seek the advice of a licensed attorney who will be able to advise you regarding your options.

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