Adjustment of Status with out AP

[jesshdz]

I have a question hope someone can help!

My husband and I have been married for about 5 years, We where trying to apply for AP due to Humanitarian reasons for my Mother in law in Mexico. I have no family in Mexico all of them are spread through out the US. Well, we had an urgent situation that we have to leave to see my Mother in law with Rheumatoid Arthritis and tend to her needs (hygiene etc) next week. So I made an appointment with Infopass at the Dallas Location. when to the appointment with all required paperwork and money order, to be told I do not qualify to do so since she is not Immediate family (which by definition she is). My question would be if we decide to go the route of consular processing with adjustment waiver since I have unlawful stay since turning 18 to 23 when I received DACA, what risk would I be taking. My lawyer does not want to do it that way but I really need this done. Since I have no family, business or Educational reason to travel to Mexico or outside of the US I doubt that will be a way to adjust my status can someone please advice me

[newacct]

I am confused about your situation. Your title says "Adjustment of Status" but you don't mention Adjustment of Status in your situation.

Did you enter the US legally and are now in the middle of Adjustment of Status as a US citizen's spouse? and then you can't bear to wait the 90 days to get an AP on the basis of AOS (which doesn't require any reasons)? so you want to get an emergency AP?

Or are you not doing Adjustment of Status, and are trying to get an AP based on DACA (which requires a humanitarian reason)?

[jesshdz]

Sorry Im just all over the place.

So we went to see a lawyer and he advised us that applying for Advance parole would benefit me in adjusting my status due to me having DACA, well in the middle of gathering information for it we did come up with an Urgent situation where my mother in law needs help these next 2 weeks due to her condition. We set and appointment and went to it and before even looking at our paperwork where denied everything. So that has me thinking even if we apply with time we will not ever qualify for AP, which means I will have to adjust status through Consular Process. Which means I am up for a permanent bar due to being In the US illegally for most my life. So we don't know what risk or any other option. Since I have no family in Mexico consular processing and adjusting outside the US is terrifying to me

[newacct]

Okay, that makes sense. So you are married to a US citizen but you are not eligible for Adjustment of Status right now because you entered illegally. Getting an AP based on DACA makes sense because if you leave and re-enter on AP, you will have a legal entry and then can do Adjustment of Status.

I am not sure whether there is a difference in applying for the AP regularly by mail vs. what you did in applying in person at the office for emergency AP. I feel like that emergency AP requires a more strict emergency. But regular AP for DACA still requires a humanitarian reason. Maybe you should try applying for AP again but regularly by mail to see if that works, but I am not sure whether your mother in law counts. What about more distant relatives like grandparents or other elderly relatives?

If you leave the US without AP you will trigger a 10-year 9B ban. (You've only entered the US once, right? Because if you've entered the US illegally more times you could have worse bans, depending on the exact circumstances.) For this 9B ban you would apply for a waiver based on "extreme hardship" to your husband. If you are not in a hurry to leave, your spouse should first petition you with I-130, and then after that's approved, you should apply for a provisional waiver with I-601A before you leave the US, so that you know the result before you decide whether to leave. The "extreme hardship" standard is not easy to meet, so if you leave without knowing you will get the waiver, it is a big risk. Also if you leave you would forsake the possibility that Congress would pass some kind of relief for existing DACA people, which looks very possible.

[jesshdz]

Ah see that's exactly what we thought, unfortunately I do not have even distant family in Mexico, both my grandmothers are in the US (California and Utah). So it would be hard to prove that.
As far as doing the waiver for extreme hardship we have thought about it but im just so terrified about it since I have no family and I am scared to be banned.