Not on the facts you give.
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
The lady should be able to apply for DACA, if she is under 31, finished high school or enrolled into GED program. As to her principal case, there is no petitioner for her, so until her child turns 21 or she remarries, there is nothing she can do overseas, and there is no waiver if her child petitions for her. Now, it seems she has enough years in the US to qualify for COR - cancellation of removal, and her case maybe winnable if she shows her removal will result in extreme and unusual hardship to her child. I would do DACA and consider COR next. She has to weigh her chances when she sits down with an experienced immigration attorney.
unfortunately, it appears not. you should consult with an experienced immigration attorney to see if you can become eligible for DACA, because right now you do not qualify.
I strongly recommend that she consult with an experienced immigration attorney. The facts provided here are not sufficient to determine whether or not she is eligible to apply for legal status. She might be eligible for cancellation of removal, but more information is needed to determine that. My office regularly handles these type of cases, so feel free to give me a call.
The statement above does not create an attorney-client relationship. It is intended as general information only and it is not a substitute for legal advice. You should consult with a licensed attorney to discuss the specific facts and circumstances of your case.