Ray, MI Immigration Law Firms & Lawyers

A person who entered the country without inspection is not allowed to adjust status unless he or she has the benefit of §245 (i), under which the individual has a labor certification application or immigrant visa petition filed by April 30, 2001 and has been physically present in the country on December 21, 2000. Lacking that, you could attempt to obtain an advance parole with your DACA status to make another entry which will hopefully allow U.S.C.I.S. to consider you as no longer an illegal entrant. Such advance parole can be approved for schooling or business related reasons or emergent circumstances. Another option could possibly be your wife applying for you under the I-601A program under which you would interview overseas, but could file a waiver of the 10 year bar for being in the country illegally for over one year and have an adjudication of such made while you are still here. The waiver would be based upon establishing extreme hardship to your wife if you cannot obtain residence status.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.  

It is not necessary but advisable. The work permit can serve as ID and facilitate getting a social security number (and Driver's License). And it's free when applying for the adjustment of status.

Unless he is 245i protected, he cannot adjust status in the US. I suggest you file I-130 and I-601A waiver. If the waiver is approved, he can return to his home country to receive immigrant visa if I-130 is also approved. Alternatively, he can file DACA to receive employment authorization and to keep his status in the US. If the relevant immigration law changes, he may be able to adjust status in the US without leaving the US. Your case is not a simple one so please consult immigration lawyer for help.