If you otherwise qualify, you should b able to apply for deferred action under DACA. I would strongly suggest that you consult with an experienced immigration attorney before filing any application. If you cannot afford one, check with your local bar association or religious institution for organizations offering low- or no-cost assistance with these applications.
I also suggest this because a recent decision by the Board of Immigration Appeals may affect your father's case (Matter of Arrabally/Yerrabelly, 25 I&N Dec. 771). An experienced immigration attorney may be able to assist in filing a new motion to reopen/reconsider.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.
If you were a 'derivative' of your father's application ... they properly denied your I-485. Your father being unlawfully present isn't the same thing as 'abandoning' his application.
You appear confused & would be wise to meet with an attorney in private.
Most likely he/she will recommend that you apply for DACA.
IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
Yes, if you are eligible for deferred action status, you may apply for it even if you have a denied I-485. You should definitely speak with an immigration attorney about your matter.
Contact Shokry G. Abdelsayed, Esq. at 201-471-7989, NY and NJ. Answers on AVVO do not constitute legal advice and do not form an attorney-client relationship. Always consult an attorney for a legal advice.