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Hi my name is Nataly my mom will submitting a I-130 petition she is a us resident and I am her daughter unmarried and over 21yrs. I currently have DACA dream act. I am sure that ,they will approve me ok I hope,if they do I know that I will have to leave the US for a visa to come back legal and then get the greed card . at the interview they will ask me how long have I been in the US I will say 14 yrs I know I broke the law twice by entering the country illegally in 1999 the 1st time 2nd on 2011 I need to apply for a waiver. They will deny the visa for that reason.so if please let me know what steps I need to take with all these information. Thank you
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Hello Nataly.
Since you left the US after accruing one year or more of unlawful presence and reentered the US illegally you are now inadmissible to receive permanent resident status until you have lived outside the US for ten years; there is not a waiver available during the ten year period.
Look at INA 212(a)(9)(C) -
(C) Aliens unlawfully present after previous immigration violations.-
(i) In general.-Any alien who-
(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or
(II) has been ordered removed under section 235(b)(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.
(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, 14a 6aa the Secretary of Homeland Security has consented to the alien's reapplying for admission.
It appears that you are only eligible for DACA at this time until the laws change.
Answered on Jan 21st, 2016 at 4:08 PM