Thermal, CA Immigration Law Firms & Lawyers

Unless he is eligible for Section 245(i) he likely will need to process his case overseas but it sounds like it is doable if you are a U.S. citizen. I should a consult though to learn all of the facts before properly advising you and him.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. She may qualify for a waiver depending on her medical condition. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your mother's situation. He/she would then be in a better position to analyze her case (and) advise you of her options.

Your question omits an essential bit of information, namely, how did you come to the U.S. You said that you were approved for DACA relief. An overwhelming majority of DACA applicants in our practice came to the U.S. illegally. So, assuming that you belong to that majority, you need to know that, to be eligible to adjust status as a spouse of a U.S. citizen (or permanent resident) you need legal entry - meaning that adjustment is not possible unless you originally entered the U.S. with a visa and were inspected and admitted in the country. If this assumption is wrong and you, in fact, did enter the U.S. legally, you should discuss with an immigration attorney your prospects for adjustment of status as a spouse in a same-sex marriage (because the Immigration Service continues to give very hard time to applicants in same-sex marriage cases). Otherwise, you will have to wait for the Congress to change the immigration law.