i came to the US 6 months old illegally with my parents for medican reasons and had therapy till age 7. I never left the US. I graduated High School 2007 with honors and went to community college for a little over a year. Im now 23 married to a US Citizen(22) and have a 2 year old boy. We have our own apartment and dont recieve Welfare. What can i do to avoid returning to Mexico to complete the process? What are my chances of getting a green card? How can i prepare myself? I have medical records. We have pictures dated from 2007 and pictures with our son as well as pictures of our yearly family reunion.
Along with the provisional waiver of unlawful presence that my colleagues are talking about, it sounds like you could also benefit from Deferred Action (DACA). If you qualify for DACA, you will get relief from deportation and a work permit.
With the provisional waiver, you can file your I-130 and I-601A waiver in the US and receive an answer before you go back to Mexico to interview for your green card.
I definitely recommend consulting with an immigration attorney who can advise you as to the best course of action.
Apply for the Deferred Action program now. Compared to the provisional waiver, it's a lot faster, a heck of a lot cheaper and a much easier burden to satisfy. Keep in mind Deferred Action will not give you a green card or pathway to citizenship, but it does grant you a work permit, social security card and driver's license in about 3-6 months. Then you can take your time fleshing out the details and the procedure for a provisional waiver, if the facts of your case warrant it.
Best of luck,
Sanjay Paul, Esq.
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