As someone who is in the process of changing my husbands status, I highly recommend you get a new attorney because a) DACA does not make you legal and b) how you adjust depends on how you entered and if anyone has ever previously petitioned you.
Spend time doing a little research and dont believe everything everything your attorney told you just because it's an attorney. Before we chose our current attorney, we did a consult with someone who told us the wrong process 9 months after it had changed..
The provisional waiver program has not come out yet, most people in the know think it will happen in December.
These 2 are helpful sites for info:
http://immigrate2us.net/forum/forum.php
http://www.smf.juarez-mexico.com/index.php
And this post is from the sites of a well regarded attorney who specializes in the I-601 waiver cases;
http://www.scottimmigration.net/content/OptionsNow
Options for Legalization Available Now
AOS or Waiver
Most aliens who entered with a visa, overstayed and subsequently married a US citizen can apply for Adjustment of Status (AOS), i.e. apply for a 'green card'. An alien who entered the United States without inspection and has a US citizen or permanent resident spouse or parent might be eligible for the foreign-filed waiver process. The process requires the alien to depart the United States for approximately three to fifteen months or more, though starting near the end of 2012 new procedures will substantially reduce the time abroad for the majority of applicants. Certain history may make the alien ineligible for the process
Asylum
Asylum is available to aliens who apply less than one year after entering the US and who can prove a credible fear of persecution in his home country and prove that the persecution is at the hands of the government and is because of the alien’s membership in a religious, ethnic, political or protected social group.
245i
An alien may be eligible for adjustment of status under INA section 245(i) if the alien has been present since at least December of 2000 and had an I-130, I-140 or Labor Certification application filed on his behalf before April 30, 2001. Certain history may make the alien ineligible for this form of relief.
Cancellation of Removal
An alien who is in deportation/removal proceedings may apply for a green card in front of a judge if the alien has been continuously present for at least ten years before being placed in removal proceedings, can prove exceptional and extremely unusual hardship to a US citizen or permanent resident spouse, parent or child, and has been a person of good moral character (i.e. no arrests) for at least ten years.
TPS
When a country experiences a major natural disaster or war the government may place that country on the list for Temporary Protected Status (TPS). If an alien is present in the US in any status or out of status when his country is placed on the TPS list, he is eligible to apply for TPS, which gives temporary lawful status. Most grounds of inadmissibility will not prevent an alien from getting TPS
.
Victims, Witnesses, & Other
There are types of relief are available to victims of severe trafficking and criminal acts (T and U visas), victims of domestic violence at the hands of a US citizen or permanent resident spouse or parent (VAWA), and material witnesses to crimes (S visas). There are also several other rare types of relief, most of which are only available to people who have been in the US for at least fifteen years. Always discuss your options with an attorney.
__________________
Husbands App Sent: 09/17/12 | Nebraska SC | self-filed
APPROVED 11/01/12! | TX DL 11/13/12!
Background: EWI age 5, pre 1990 | hired attorney (pre-DACA) for our I-601 process | complicated I-130 pending