Tornillo, TX Immigration Law Firms & Lawyers

Either way you will need a waiver of the unlawful presence bar.  You can apply for that waiver from within the US after March 4th.  Marriage to a US citizen would help you qualify for the waiver.  Your US citizen children will also help you qualify for the waiver.  Nonetheless, the waiver does require proving extreme hardship.

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.