Need help now?EmergencyCall 911Crisis supportCall 988 Text 988Local servicesCall 211Checked October 22, 2026
Need help now?Urgent contacts
EmergencyCall 911Crisis supportCall 988 Text 988Local servicesCall 211Checked October 22, 2026
Where this applies
Federal immigration law, the same in every state. Free legal help listed for San Mateo and Santa Clara counties and all of California.
Facts checked

Take the next step

This page gives you the general rules so you know what to ask. It is not legal advice, and it cannot tell you whether you qualify. Only a lawyer or a DOJ accredited representative who looks at your whole history can do that. To keep the DACA you have, see What must I do to keep my DACA?. For everything DACA, start at the DACA hub.

Does DACA lead to a green card?

No, not by itself. We know that is hard to hear. DACA is a decision by the government not to deport you for a time. It is not a legal immigration status, and it does not give you a right to stay. No form turns DACA into a green card.

But DACA does help in one big way. While you have DACA, you are not building up "unlawful presence," the time that can later lead to the 3 and 10 year bars. That can matter a great deal if you later qualify through another route.

Who might qualify, and how?

It comes down to three facts about you:

  1. How you first came in. Were you inspected at a border or airport and let in, for example with a visa? Or did you come in without being inspected?
  2. Who your family is. Is your spouse, parent or adult child a U.S. citizen or green card holder?
  3. What has happened to you. Were you the victim of a crime, trafficking or abuse? Are you under 21 with a court order about a parent?

A green card case ends one of two ways. Adjustment of status means you apply from inside the U.S. Consular processing means you go to a U.S. consulate in your birth country for an interview. Which one you can use depends on the answers above.

Can a U.S. citizen family member help me?

Sometimes. U.S. law calls some relatives of citizens immediate relatives: the spouse of a U.S. citizen, an unmarried child under 21 of a citizen, and the parent of a citizen who is 21 or older.

If you came in with inspection. To get a green card from inside the U.S., a person generally must have been "inspected and admitted or paroled." Immediate relatives are excused from some other problems, such as past time out of status or past work without permission. So if you entered with a visa and later overstayed, a U.S. citizen spouse or adult child may be able to help you apply from here.

If you came back with advance parole. USCIS policy says coming back into the U.S. with parole counts as being "paroled." That is why a person who first came in without inspection, then traveled and returned on advance parole, may be able to apply from inside the U.S. through an immediate relative. Read the next section before you count on this.

If you came in without inspection and never traveled. You generally cannot finish the case inside the U.S. You would need consular processing, which brings in the bars below.

What changed for advance parole in 2026?

On August 13, 2026, the Board of Immigration Appeals decided Matter of Delcarmen-Lara. It held that leaving the U.S. on advance parole is a "departure" under the unlawful presence bars. It overruled an older 2012 decision that had said the opposite. USCIS's Form I-131 page (updated October 7, 2026) says that as of August 13, 2026, such a trip can trigger the 3 year or 10 year bar for people with more than 180 days of unlawful presence (checked October 21, 2026).

What this means in general:

  • If you built up more than 180 days of unlawful presence after age 18 and before DACA, or in a gap after 18, a trip abroad, even with advance parole, may now trigger the 3 year bar. One year or more may trigger the 10 year bar.
  • USCIS applies the rule to departures as of August 13, 2026. Round trips completed before that date are generally judged under the old rule. A trip that started before and ended after is less clear. Ask a lawyer how this applies to you.
  • A bar could make you unable to get a green card for 3 or 10 years, even if you return on your advance parole. USCIS policy says the 3 or 10 years keep running even while you are back in the U.S., so some people wait out the bar here and keep renewing DACA (USCIS Policy Manual, Vol. 8, Part O, Ch. 6, checked October 21, 2026). Others may qualify for a waiver.

What are the 3 and 10 year bars, and what is the I-601A?

The bars. If a person has more than 180 days but less than one year of unlawful presence and then leaves the U.S., they may not be able to come back for 3 years. One year or more means 10 years. Time before you turned 18 does not count. Time while you had DACA does not count. Leaving for a consular interview is a departure, so the bar starts when you leave.

The I-601A provisional waiver. Some people can ask USCIS to forgive the unlawful presence bars before they leave for a consular interview. In general, a person must:

  • Be in the U.S. and at least 17 years old
  • Have an immigrant visa case already open with the State Department, through an approved petition or the diversity lottery
  • Show that being kept apart would cause extreme hardship to a U.S. citizen or green card holder spouse or parent. Hardship to your children alone does not count for this waiver.

The waiver only takes effect after you leave, attend the interview, and the consulate finds you otherwise eligible. It covers only the 3 and 10 year bars, not other problems, such as some criminal records or coming back in without permission after a long stay. While it is pending, it gives you no status and no work permit. A lawyer should check every other problem in your history first, because a person who leaves and is refused may be stuck outside the U.S.

Can a job lead to a green card?

Sometimes, but it is harder. First, an employer has to sponsor you. For job based cases, the rules that excuse past problems for immediate relatives do not apply. A narrow rule forgives up to 180 days of status problems, but only for people who were lawfully admitted. Many DACA recipients who came in without inspection would need consular processing, and the I-601A only helps if they have a U.S. citizen or green card holder spouse or parent. A lawyer can tell you whether an employer route is realistic.

What if I was a victim of a crime or abuse?

You may have a path here. These protections are separate from DACA and do not depend on how you came in.

  • U visa: for victims of certain serious crimes who suffered substantial physical or mental abuse and who have been, are being, or are likely to be helpful to police, prosecutors or other officials (8 U.S.C. 1101(a)(15)(U), checked October 21, 2026). After 3 years in U status, a person may apply for a green card.
  • T visa: for victims of a severe form of human trafficking. That includes sex trafficking and being forced to work through force, fraud or coercion (8 U.S.C. 1101(a)(15)(T) and 22 U.S.C. 7102, checked October 21, 2026). After 3 years in T status, a person may apply for a green card.
  • VAWA: a spouse, child or parent who was abused by a U.S. citizen or green card holder family member may apply on their own, without the abuser knowing or signing. They must show abuse or extreme cruelty, that they lived with the abuser at some point, and good moral character.

If you are in danger right now, call 911.

What if I am under 21?

Special Immigrant Juvenile Status (SIJS) is for young people who have been through a state juvenile court case about abuse, neglect or abandonment by a parent. You must be under 21 on the day your petition (Form I-360) is filed. It can lead to a green card when a visa is available, which can mean a wait. Because the court step must come first, age deadlines matter. Get a screening early.

After a green card, can I become a citizen?

Yes, in many cases. This is the goal, and it is reachable. A green card holder can usually apply for citizenship (naturalization) after 5 years, or after 3 years if married to and living with a U.S. citizen. You may file up to 90 days before you reach that time. Other rules apply too. In general you must have spent enough time inside the U.S., show good moral character, read, write and speak basic English, and know U.S. history and government.

Because the same facts can open a door for one person and close it for another. A screening looks at your whole history: every entry and exit, any arrests even if dropped, any past immigration filings, and your family. A lawyer may spot a route you did not know about. Or they may warn you about a step that could put you at risk.

Filing the wrong form, or traveling at the wrong time, can be hard to undo. A screening protects you from that. It is the best first step you can take.

Where can I get a free or low cost screening?

These are free or low cost nonprofits and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

  • Community Legal Services in East Palo Alto: 650-326-6440
  • Legal Aid Society of San Mateo County: (650) 558-0915
  • Immigration Institute of the Bay Area (Redwood City): (650) 587-1558, consultations by appointment
  • Catholic Charities (San Mateo County): 650-295-2160
  • San Mateo County Immigrant Services: (650) 363-4194, immigrantservices@smcgov.org
  • Santa Clara County: the Office of Immigrant Relations lists nonprofit partners. Partner list
  • Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.
  • California Attorney General, immigrant rights: oag.ca.gov/immigrant, immigration@doj.ca.gov

When you call, say: "I have DACA, and I want a screening to see if I may qualify for a green card."

What should I bring to a screening?

Sources

Related guides

Send this to someone

Only the page name and link go in the message. Nothing about you or your situation is added.

Need a place to turn?

Find an organization or try another starting point. You can return to this guide whenever you need it.