Summerfield, FL Immigration Law Firms & Lawyers

You may be able to apply for adjustment of status now as long as you are still maintaining legal nonimmigrant status in the country. For the month of September 2013, visa availability is current for spouses and unmarried children of permanent residents under the F-2A category. As long as visa availability exists, I-485 applications for adjustment of status to permanent residence can be submitted to U.S.C.I.S. In the event that you are no longer legal, you would likely have to wait until your wife becomes a US citizen before you would be again eligible for adjustment of status. That is because you would then fall into a more favored category, that of immediate relative, which does not require that you maintain status in order to file an I-485 application.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.  

As a DACA Beneficiary you may be able to obtain Advance Parole and travel. When you travel out of the U.S. and then return should be paroled into the US. This is the Arabelly-Yarabelly (case) holding. Once you are admitted as a "Parolee" then you may be able to marry a U.S. Citizen and file for Adjustment of Status to Lawful Permanent Residence. You will want to discuss the nuances of such a strategy with a qualified immigration law professional.

What you state in your email does not provide me with sufficient information to answer your question. Nonetheless, it is, as a general rule, much more complex procedurally to deport a US citizen then a non-citizen because a citizen is entitled to more rights in the due process of law. However, what matters now is to decide what action you should take to exercise your legal rights so that ICE does not violate them in case it did.