Dillon, CO Immigration Law Firms & Lawyers

If you entered the country legally, your father can probably assist you in adjusting status to permanent residence in the US without leaving. If not and as you are under DACA, you may be able to leave the US under an advance parole for emergency, school related, or business related reasons. If so, your parole back into the United States may make you eligible for adjustment of status. If neither of the two situations apply to you, you may still be able to obtain your residence status through the I-601A program under which your father would petition for you as his relative on form I-130, and when that is approved, you would be able to submit an I-601A request for a waiver of the 10 year bar for being here in the US unlawfully for a year or more. The I-601A adjudication would be based upon your establishing extreme hardship to your father if you could not return to the US. Assuming that the waiver is approved, you would complete your case by having it consular processed through the National Visa Center in the States and the US consulate or embassy in your home country. Kindly note that the I-601A program has a good rate of success, but also that its future may depend upon how vigorously Mr. Trump wishes to go after programs benefiting the undocumented.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.  

In terms of whether your husband can go to a third country after being deported from the U.S. you would need to check with the laws of that country. Assuming he was not deported for committing a serious crime most countries do not ask whether you have been deported from another country when evaluating you for visa issuance. In terms of whether he can come back to the U.S. he will need one or two waiver and to qualify for the waiver. His complete criminal and immigration history would need to be evaluated along with your relationship to properly advise you on his options and chance for success, procedures, timing and fees.

It is a bit strange that your mother's I-130 petition has not been approved yet. You should call the National Service Center at the number that should have been provided in the e-mail that you received. Prepare to wait quite a while until you get to talk to a service representative. Have your filing receipt number ready. And tell the representative that your case is "outside the normal processing time" (right now, USCIS processes the I-130 petitions that were filed at the end of September 2011, so yours should have been decided about 4 months ago). You need not worry about aging out of the priority category: there is a federal law, Child Status Protection Act, that "froze" your age on the date your mother filed the I-130 petition; until a decision on her petition is made, USCIS treats you as if you do not get a day older. So, let's say, USCIS approves your mother's petition exactly 2 years and 1 month after the petition was filed; and the visa becomes available to you when you are 21 years and 7 months old - under Child Status Protection Act, you age will be counted as 19 years and 6 months, and you will remain in the F2a category.