Lawful permanent residents of the United States may be eligible to become citizens through the naturalization process after:

In addition, some permanent residents will become U.S. citizens automatically by the operation of law without the necessity of naturalization.

Almost all aliens emigrate to the U.S. as a beneficiary of a family-based immigrant visa petition. U.S. citizens may petition for spouses and parents, as well as siblings, married and unmarried children. Lawful permanent residents (“green card” holders) are only allowed to petition for spouses and unmarried children.

There are technical issues and rules in filing family-based petitions. For instance, the U.S. citizen or lawful permanent resident must be able to establish the ability to financially support the immigrant so that the person does not become a public charge. Also, there are times when the lawful permanent resident status is conditional, and there are rules and statutes that must be followed to remove these conditions.

Let Kelley Kronenberg educate you and your family members on the many aspects of the immigration process, and guide you through the complexities involved in becoming a lawful permanent resident.

IMPORTANT UPDATE (January 2026): DACA is currently subject to ongoing federal litigation that affects new applications. Current DACA recipients can continue to renew their status, but new applications are not being processed at this time. The information below reflects eligibility criteria, but prospective applicants should consult with an immigration attorney about the current processing status. 

Program Overview 

On June 15, 2012, the Department of Homeland Security (DHS) issued a memorandum establishing the Deferred Action for Childhood Arrivals (DACA) program. This policy uses prosecutorial discretion for individuals who came to the U.S. as children. Under DACA, eligible individuals who do not present a risk to national security or public safety may receive deferred action for two years, subject to renewal, and apply for work authorization. All applicants must pass a background check. 

Current Program Status for Current DACA Recipients 

• You can continue to renew your DACA status every two years 

• USCIS continues to process renewal applications nationwide 

• Submit renewal applications 120-150 days before your current DACA expires 

• Both deferred action and work authorization remain available upon renewal 

Current Program Status for New Applicants 

• USCIS is accepting initial DACA applications but is not currently processing them due to court orders 

• The timeline for resuming processing of new applications is uncertain and depends on ongoing litigation 

• Prospective applicants should prepare their applications and monitor for updates 

Eligibility Requirements 

To establish eligibility for deferred action, individuals must provide verifiable documents showing that they: 

• Were under the age of 31 on June 15, 2012 

• Arrived in the U.S. when they were under the age of 16 (applies to those inspected and admitted at a port of entry who remained beyond authorized stay or violated status, as well as those who entered without inspection) 

• Have continuously resided in the U.S. for at least 5 years before June 15, 2012, and were present in the U.S. on June 15, 2012 

• Are currently in school, have graduated from high school, have obtained a GED certificate, or are honorably discharged veterans of the U.S. Coast Guard or U.S. Armed Forces 

• Have not been convicted of disqualifying crimes or otherwise pose a threat to national security or public safety 

Criminal Bars to Eligibility 

You are ineligible for DACA if you have been convicted of: any felony; a significant misdemeanor (including domestic violence, sexual abuse, burglary, unlawful firearm possession, drug distribution, or DUI, or any offense with a sentence exceeding 90 days); or three or more non-significant misdemeanors. Minor traffic offenses and state immigration-related offenses should not count toward these bars. 

Next Steps 

Given the evolving legal landscape surrounding DACA, we strongly recommend scheduling a consultation to: 

• Assess your individual eligibility 

• Understand current processing timelines and restrictions 

• Discuss alternative or complementary immigration options 

• Prepare your application materials for when processing resumes (for new applicants) 

• Ensure timely renewal filing (for current DACA recipients)