I think that question is still open. Certainly, to be safe, I would recommend against travel. But there was a recent case from the Board of Immigration Appeals that is cause for some hope, Matter of Arrabally and Yerrabelly. In that case, the BIA held that "An alien who leaves the United States temporarily pursuant to a grant of advance parole does not thereby make a “departure . . . from the United States” within the meaning of section 212(a)(9)(B)(i)(II) of the Immigration and Nationality...
You think you don't want to travel now, but things can change, and given that it won't cost extra to file the I-131 at this point, in connection with the I-485, it almost always make sense to just go ahead and file it. If you don't use it, no big deal. But if you don't get it, and then discover later that you need/want it, you're stuck.
I would not seek adjustment based on that non-viable marriage. Theoretically, assuming your intent at the time of the marriage was genuine, then you could seek adjustment of status based on a non-viable, but not formally dissolved, marriage. You see that sometimes in situations where a couple starts the paperwork, but by the time the ageny is ready to make a decision, the relationship has soured, and the couple plans to divorce as soon as the immigration process is over. There is a fairly...
Is this person still in proceedings before the immigration court? Do she have any criminal issues? If so, what are they? What type of relief from removal is she seeing? Is this person currently working with an attorney?
If convicted of DUI, his DACA application will most probably be denied.
Whether he gets deported or not will depend on whether or not ICE wants to put him in removal proceedings in the first place, and, if they do, whether or not he qualifies for any relief from removal.
Your friend needs to talk with a reputable immigration attorney in his area immediately--definitiely before he takes any type of plea related to the driving incident.
From a USCIS FAQs on DACA:
Q5: If I have a minor traffic offense, such as driving without a license, will it be considered a non-significant misdemeanor that counts towards the “three or more non-significant misdemeanors” making me unable to receive consideration for an exercise of prosecutorial discretion under this new process?
A5: A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your entire offense history can be considered along with...
My advice is to wait a little bit longer, since there should be a program in place in the very near future that will allow you and your husband to apply for a waiver inside the U.S. for his past unlawful presence, and if that waiver is approved, he could then depart the U.S. and return on an immigrant visa.
Number one, you're right, don't lie--that will only make your situation worse, since lying to get an immigration benefit DOES create a statutory bar to your admission.
As for your prior periods of overstay, assuming you were inspected each time at the border, but not given an I-94, then you should be treated as if you were admitted with an entry stamp of "D/S," which means "duration of status."
People who enter D/S do not accumulate "unlawful presence" even when they stay too long...
Sounds suspicous. To start with--what types of petitions or applications? There are some types of benefits (asylum, I-601 waivers) with a comparatively low approval rate. But if you mean that 67% of all types of applications or petitions filed pro se are denied, there is no way that is true.