Skip to main content

I am a Dream Act , I married a U.S Citizen and we have a baby. I want to know how can I solve my status?

Hurst, TX |

I came here when I was 9 years old. My parents brought me here illegal . At that moment I didn't know what was happening . I am 21 years old now . I have a daughter I'm marry and I still cant solve my status . I can work here legal now because of the dream act which is a really big help and I can also study but to go to school is too much money and I cant afford that. What do you guys recommend me to do? Thank you very much for your time

Attorney Answers 4


You might be eligible to have your husband petition for you and gain resident status through him. If you have ever left and re-entered on advance parole under your DACA status (technically, you have deferred action, not the Dream Act, but I do know what you mean). or if someone has ever petitioned for you or one of your parents before May 1, 2001, you might be eligible to adjust your status in the U.S. without having to leave at all. Otherwise, you might qualify to consular process with a Provisional Waiver, in which you would be able to stay here while the waiver is adjudicated but would then need to leave for approximately 2-3 weeks for a visa interview outside the U.S.

I recommend meeting with an attorney to review your specific case and options. Best of luck!

Mark as helpful

1 lawyer agrees


If you are married to a U.S. citizen, your spouse can file a petition for you on Form I-130. I recommend finding a good immigration lawyer in your area to help. Because you received Deferred Action, you may be able to get Advance Parole. If that's the case, then you may be able to get your green card in the United States without needing a waiver. This gets complicated and confusing very quickly, so best to work with an attorney. Good luck.

Mark as helpful


in addition to other advises you received, your attorney needs to know how you entered the country, and if you entered with a visa then your husband can assist you in filing your adjustment here, but if you entered illegally you must either apply for your green card after your husband petitions for you from your home country or since you are granted DACA, then you must apply and be granted an advance parole first, make a trip and come back to the U.S., and then apply for adjustment while in the U.S.

having a consultation with an experienced attorney will serve you well.

Mark as helpful


Did your husband ever serve in the U.S. military?

Mark as helpful

Marriage and prenups topics

Recommended articles about Marriage and prenups

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics