Without the advanced parole option, a DACA recipient or other undocumented immigrant married to a US citizen would need to seek a waiver and then return to his or her origin country for an interview to gain a visa to re-enter the United States. The couple must demonstrate that the US spouse would suffer extreme hardship unless the DACA recipient comes back into the United States.
“It’s not easy and it’s not cheap,” Gandhi said.
Even marriage to a US citizen might not guarantee a smooth path for the immigrant spouse to gain citizenship. Marrying a US citizen would not help if someone:
- Committed a crime after receiving DACA status.
- Created fraudulent documents.
- Misrepresented himself or herself as a citizen.
- Left the country and re-entered with no other documentation outside of DACA.