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?

Asked 4 months ago - 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)

  1. Meghan Anne Abigail

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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!

  2. Andrew T. Brooks

    Pro

    Contributor Level 13

    Answered . 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.

  3. Morrie Pour Nourian

    Contributor Level 18

    Answered . 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.

  4. Mark Robert Barr

    Contributor Level 16

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

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