As of April 2025, the Deferred Action for Childhood Arrivals (DACA) program remains a vital yet legally contested initiative for many immigrants in the United States. Recent court decisions have introduced complexities, but DACA recipients, especially those in Las Vegas, still have viable avenues to adjust their immigration status, particularly through advance parole and marriage to U.S. citizens.
Current Legal Landscape of DACA
On January 17, 2025, the Fifth Circuit Court of Appeals ruled against the Biden administration’s efforts to solidify DACA, declaring significant parts of the program unlawful. However, the court allowed existing DACA recipients to maintain and renew their status while the case proceeds through the legal system . This decision has left the future of DACA uncertain, emphasizing the importance for recipients to explore other legal pathways to secure their status.NILC+5Reuters+5Informed Immigrant+5Informed Immigrant
Advance Parole: A Gateway to Adjustment of Status
Advance parole is a travel document that permits DACA recipients to re-enter the U.S. after traveling abroad for specific reasons such as educational, employment, or humanitarian purposes. Upon re-entry, individuals are considered “paroled,” satisfying a key requirement for adjusting status within the U.S. This is particularly beneficial for those who initially entered the country without inspection .Immigrant Legal Resource Center+1Informed Immigrant+1
To apply for advance parole, DACA recipients must file Form I-131 with U.S. Citizenship and Immigration Services (USCIS) . It’s crucial to consult with an immigration lawyer in Las Vegas to assess eligibility and ensure proper documentation, as traveling without proper authorization can lead to serious immigration consequences.USCIS
Marriage to a U.S. Citizen: Pathway to a Green Card
DACA recipients married to U.S. citizens may be eligible to apply for a marriage-based green card. However, eligibility depends on several factors, including the manner of the individual’s entry into the U.S. Those who entered without inspection typically cannot adjust status within the U.S. unless they have been paroled, such as through advance parole. In such cases, traveling abroad with advance parole and re-entering can make them eligible to adjust status domestically .Boundless+1Justia+1Ahlgren LawImmigrant Legal Resource Center+1Informed Immigrant+1
It’s important to note that individuals who have accrued unlawful presence in the U.S. may face additional hurdles, such as re-entry bars, when seeking to adjust status. Consulting with an experienced immigration attorney is essential to navigate these complexities and determine the best course of action.
Importance of Legal Guidance in Las Vegas
Given the intricate and evolving nature of immigration laws, DACA recipients in Las Vegas should seek guidance from qualified immigration lawyers. Legal professionals can provide personalized advice, assist with filing necessary forms, and represent individuals in proceedings, ensuring that all actions taken are in compliance with current laws and policies.
Las Vegas, with its diverse immigrant population, has numerous legal resources and professionals specializing in immigration law. Engaging with these experts can significantly enhance the chances of successfully adjusting status and securing permanent residency.
Conclusion
While recent court rulings have cast uncertainty over the future of DACA, recipients still have viable pathways to adjust their status, particularly through advance parole and marriage to U.S. citizens. It’s imperative for individuals to stay informed about legal developments and seek professional legal assistance to navigate the complexities of immigration law effectively.
For DACA recipients in Las Vegas exploring options for permanent residency, consulting with an experienced immigration lawyer is a critical step toward securing a stable and lawful future in the United States.