You can have both things filed at the same time -- deferred action and family sponsorship, no problem. If you entered the country with a visa, you should be able to adjust status. Otherwise, you may need a waiver. More information is needed to advise you on these things properly. However, make sure you have an experienced immigration lawyer to assist you with any of the process you will be doing.
Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
you can do both. Whether you can adjust will depend on how you came to the US. Otherwise, you may need to apply for an immigrant visa and will require the waiver. You and your wife should speak to a different attorney or two.
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
If you did not enter on a visa or in a legal way, you may not be eligible for adjustment of status. You will be needing a waiver of unlawful presence instead. Deferred action is something you can apply for to get work permit and protection while your application is pending or if for any reason it is denied.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.