You appear to have two choices at this time – either registering for deferred action for childhood arrivals (DACA) or having your husband apply for you on form I-130 and when approved, filing for an I-601A provisional waiver application of the 10 year bar for remaining illegally in the States for over one year and if approved, consular processing the rest of your case at the American consulate or embassy in your country of birth. These two options were the signature pieces of the Obama administration's first term in office. Besides the evidence of your high school degree, DACA requires that the individual be under the age of 31 on the date of enactment, June 15, 2012, have entered the US by June 15, 2007, and be clear of any serious crimes, significant misdemeanors, or three other misdemeanors, etc. Qualifications for an I-601A provisional waiver are that you prove that your husband would suffer extreme hardship if the waiver was not granted, and that the only reason for your non-ability to immigrate is your illegal stay in the States for one year by which you have incurred a 10 year bar on reentry. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Dear Stacy: If your husband is a US citizen he can file a relative petition for you. Then, you will need a waiver to excuse your unnlawful presence. These waivers may be filed at the USCIS in the US starting on March 4 and you can wait here until approved. After that you will need to go to an immigrant visa interview at the US Consulate in your home country, but that should only be about a week outside the US. Please contact our office for more information on the process at psb@barnett-lawgroup.com.
Pamelia Barnett
If you entered without inspection, you will need a waiver of unlawful presence. That waiver will be available from here in the US after March 4th. In other words, you will be able to ask for the waiver without leaving the US and if you are approved, you can then go with your approved waiver to the nearest US consulate and obtain an immigrant visa. Here is a link with more information: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dc9af51016bfb310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
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