Hemet, CA Immigration Law Firms & Lawyers

You would not qualify for the deferred action program.  Since you are here legally right now, you could change your status to that of a student (after getting admitted to the school of your choice).  If your boyfriend is a US citizen, marrying him (eventually) would allow you to become a permanent resident.

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. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

Unless your spouse entered the country with inspection, your spouse is not eligible for adjustment of status even if she was granted Deferred Action. Your only option is to get the I-130 approved and have it transferred to the National Visa Center for consular processing, where she will eventually be required to return to her home country to attend the immigrant visa interview at the US embassy/consulate. If your spouse has accumulated more than 1 year of unlawful presence in the US, she is subject to the 10-year bar and will need to apply for a provisional waiver on form I-601A and get it approved prior to her departure. Otherwise, she will not be allowed to reenter the US until she has remained outside of the US for the 10 years. This is a complicated process and it is highly recommended that you hire professional help.