I'm a 27 yr old Mexican. I have been in the US since age 3 & graduated H.S. here. I married the father of my 4 children last April, we have been together for 10 Yrs. He is a U.S born Citizen. I've never been in trouble with the law. What should I do to be able to legalize my status here? Should I apply for the DACA? What about the I-130 or the New I-601A?
I can't over emphasize the potential subjectivity of the "extreme hardhip" test requirement of the 601A; especially given that denial here could put you into proceedings under the new provsional waiver rule. The DACA on the other hand has no "extreme hardship" proof requirements, and as long as you meet the basic residency and education requirements and have no significant criminal record, this would be the way to go as a first step. AND, unlike the 601A, an approved DACA gets you a work permit and driver's license. I'd say start with the DACA so you don't have to worry about ICE knocking on your door at 4am anymore; and then have an experienced immigration lawyer walk through your bio data to get a better sense of the risks involved with the 601A.
There's no reason why you couldn't pursue both as they provide different kinds of relief. You might have a surer chance of success with DACA but it doesn't get you any kind of permanent legal status. Just temporary permission to remain and work in the U.S. An I-130 and I-601A based on your marriage has the potential to get you that. But you have to show extreme hardship to your husband. Whether you have shown extreme hardship is a subjective judgment call, and so it is harder to predict whether you would be successful. I think you should hire a good immigration attorney to go through the options for you, make sure you're definitely eligible for both DACA and the I-601A waiver, and assist you in preparing whatever application you decide to file.
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I agree with attorney Murdoch. You can do both. DACA will give you some legal status for now so you can have a work document, and are not in danger of inminent deportation. The I-601(A) is a more long term solution to your immigration status to be able to get a green card, if you can satisfy all the requirements.
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