What to do...

[Mexican_american2 0]

I came to us from mexico about 13 years ago. I cross the border. I married my wife and have 4 kids together from 12yrs to 12 months. I want to be legal before trump is president. I can do something for green card with my wife. She is usc.

[Kastrs 723]

I came to us from mexico about 13 years ago. I cross the border. I married my wife and have 4 kids together from 12yrs to 12 months. I want to be legal before trump is president. I can do something for green card with my wife. She is usc.

How did you originally enter the US? Did you enter on a valid visa and overstay?

Have you ever claimed to be a USC?

[aaron2020 11,651]

Hi,

If you came to the US on a visa, then your USC wife can file to adjust your status.

If you crossed the border illegally, then there is no way for you to become legal. USCIS is no longer accepting DAPA applications because of the US Supreme Court decision. Since it was a 4-4 split, the Obama Administration has filed for reconsideration when there is a full panel of 9 judges.

Best of luck.

[Merrytooth 5,748]

Do you have/qualified for DACA?

If you entered without inspection, your USC wife has to file I-130 and I-601A waiver.

Once the I-601A waiver is approved, you have to go back to your home country for Consular visa interview.

[aaron2020 11,651]

If you came here illegally, then you would need to be interviewed in your home country. An immigration visa would be denied. You will have a 10 years ban from the US. Your wife would have to have a hardship that allows you get a discretionary waiver for your ban. Getting the waiver for the ban is not easy. You could end up stuck outside the US for 10 years.

[Mexican_american2 0]

Where i can find DACA?

unfortunately, i came without inspection thinking i will go back maybe 2 years. I dont plan to meet my wife.

My wife and kids will have really hard time if im not in us because i pay everything. My wife works only part time. I still need to go back to mexico? I dont want a ban. I need stay with my family but moving my family to mexico is not possible. I dont have nothing over there.

[andreh1 1]

Where i can find DACA?

unfortunately, i came without inspection thinking i will go back maybe 2 years. I dont plan to meet my wife.

My wife and kids will have really hard time if im not in us because i pay everything. My wife works only part time. I still need to go back to mexico? I dont want a ban. I need stay with my family but moving my family to mexico is not possible. I dont have nothing over there.

How old were you when you first came? How old are you now? Maybe you still qualify for DACA. What the Supreme court voted on was Extended DACA and DAPA.

You can find more information about DACA here.

https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca

[aaron2020 11,651]

How old were you when you first came? How old are you now? Maybe you still qualify for DACA. What the Supreme court voted on was Extended DACA and DAPA.

You can find more information about DACA here.

https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca

The US Supreme Cout did not extend DACA and DAPA. A 4-4 divided Cout resulted in leaving a lower court's ruling that DACA and DAPA were unconstitutional. That's why USICS has stop accepting new DAPA applicants. USCIS is still accepting DACA applicant. That's why the Obama Administration is asking for a rehearing when the US Supreme Court will have 9 justices. Edited July 29, 2016 by aaron2020

[EM_Vandaveer 2,366]

~ Moved from "AOS from Family Visas" to "Waivers and AP" as OP will need a waiver ~

[andreh1 1]

The US Supreme Cout did not extend DACA and DAPA. A 4-4 divided Cout resulted in leaving a lower court's ruling that DACA and DAPA were unconstitutional. That's why USICS has stop accepting new DAPA applicants. USCIS is still accepting DACA applicant. That's why the Obama Administration is asking for a rehearing when the US Supreme Court will have 9 justices.

[andreh1 1]

The US Supreme Cout did not extend DACA and DAPA. A 4-4 divided Cout resulted in leaving a lower court's ruling that DACA and DAPA were unconstitutional. That's why USICS has stop accepting new DAPA applicants. USCIS is still accepting DACA applicant. That's why the Obama Administration is asking for a rehearing when the US Supreme Court will have 9 justices.

I did not mean that the Supreme Court extended DACA. What I meant by my post was they voted on the "extended version of DACA and DAPA" The original DACA relief was never voted on. Therefore, it is still in effect. I apologize for not making myself clear and for creating confusion.

[Mrs. Wild 87]

Were you under 30 in June of 2012? Since the extended DACA is not going forward, you would have to qualify for the original requirements, one of them being age. Did you enter the US before you were 16? And have you been residing in the US continously since?

I'm thinking you most likely don't qualify for DACA, but your USC spouse can petition for you, file the I-601A, do consular processing abroad, and hopefully it works in your favor. As long as the only inadmissibility you have against you is the illegal stay/thus triggering a ban when you leave, it should work out with the waiver.

[NikLR 13,220]

So there's no I-601A anymore?

[Mexican_american2 0]

I came here when i was 24. I never been outside us since i come. Never outside Texas because I'm scared to travel. I need a lawyer for this or i can do this with by myself? I need i 601a and i 130, yes?

[aaron2020 11,651]

I came here when i was 24. I never been outside us since i come. Never outside Texas because I'm scared to travel. I need a lawyer for this or i can do this with by myself? I need i 601a and i 130, yes?

You should definitely consult with a qualified immigration attorney.

Trying to get you legal could end up with you being stuck in Mexico for 10 years if the hardship waiver is not granted.

DACA does not apply to you since you were 24 when you got here. DAPA does but USCIS is no longer taking applications due to the court decisions.