Yes, I believe you have a chance since you appear to have no conviction by a criminal court as you stated - your case was dismissed. You never plead guilty or no contest, correct! I also feel that this new Dream Act Compromise announcement may follow the path of Temporary Protected Status (TPS) when it comes to dealing with criminal convictions. One misdemeanor may be fine, but two misdemeanors of any nature may render an individual ineligible. We do have to wait and see however for the final regulations.
I would definitely seek a qualified attorney to assist once the final regulations are published.
Also during a telephone conference (Stakeholder Conference Call) on Monday June 18, 2012 with John Morton and others, DHS announced that it has NOT finalized its decision on what crimes will bar eligibility. So stay tuned.
You should have applied for work authorization along with the adjustemnt application. If you have not, you should do it now. It is form I-756. Once you receive it (in about 60 days) you take that and get a social security #. after you get your social security #, you can go to DMV and show both soc security and work authorization, and then you will be eligible for driver license. Of course, you if you get a green card before work authorization, this will be great, but you still need to follow the same process as stated above. You need to do this just in case your parents interview is delayed or not approved right away.
Haitham Ballout, Esq.
You don't have to worry about being deported!
Because you lived with and have two children with your husband, you can easily show that your marriage was entered into in good faith. Typically, you need to be divorced first before you can apply for this good faith waiver. The regulations allow you to file late (after expiration) if you provide explanation. However I strongly recommend filing an I-751 waiver before the expiration date, and simply attach a copy of the divorce filing.
CIS will request (after few months) that you provide the final divorce and gives you time to do so. It sounds that all you need is a month or two to finalize your divorce, this process will allow you sufficient time.
Additionally, you don't have to wait to solve all your marital issues such as custody etc.. prior to a FINAL divorce. Ask your family law attorney to BIFURCATE the two issues which will allow you to get a final divorce (which CIS wants to see) and allow you more time to resolve other outstanding marital issues.
Haitham Ballout, attorney at law
First of all, my sincere condolences.
In most states, a spouse and dependents can sue for recovery in wrongful death cases. In a case we just completed, the husband and the victim’s mom were able to recover.
In serious cases such as this we will gladly answer each and every additional question you may have. It would help to know who is the negligent driver and where the accident happened, and when.
H. Ballout, Esq.