The first step would be for your spouse to file an I-130 petition on your behalf. The next step would include applying for a provisional waiver due to your unlawful presence in the U.S. and then you would be required to depart to Mexico for a consular interview. The waiver process, however, requires that you establish your spouse would suffer extreme hardship if you are not able to obtain lawful status in the United States.
It sounds like you may also be eligible for deferred action, which is only a temporary remedy, but may be worth considering.
I would recommend consulting with an immigration attorney who can walk you through these processes so that you can decide which option is best for you and your family at this time.
Best of luck to you.
Answers on Avvo are general in nature and do not constitute legal advice; specific answers require knowledge of all the facts. You should consult with an attorney to review all the facts specific to your case in order to receive advice upon which you can reasonably rely.
It is possible that the new "provisional waiver" process that begins March 4, 2013, may benefit you. Before your spouse files a petition for you, it is best that you consult a licensed immigration attorney or an organization authorized by the Board of Immigration Appeals (BIA) to determine what is best in your particular situation.
The answer to your question depends on many factors like: criminal records, prior immigration violations, etc... It also sounds like you may qualify for Deferred Action for Childhood Arrivals. The attorney look at the alternatives and give you his/her best advice.
You may be eligible for DACA as well as the I601a waiver. You should consult with an attorney before doing anything.
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