Married to a U.S citizen

I would like to know what you guys think of the situation I am in and I greatly appreciate any help. I am married to a U.S and have a child together. I have been approved for DACA and will be renewing it again this month. I have been trying to decide what would be the best way to fix my status. I have consulted several people and have gotten two suggestions. The first one is applying for advance parole and then starting the process after that. The second idea suggested was to start the process and apply for a waiver to avoid getting hit by a 10 year wait. Any help I would greatly appreciate.

In terms of what would be easier to do. The AP route would be the easier and quicker route. If you don't have a criminal record or a deportation order on you then you will have no problems returning to the U.S. The fee for this would be travel related expenses and the AP request ($360). The benefit would be you return to your home country and see people you've haven't seen or know and make memories.

If you do the waiver, it is hard to prove that your spouse would suffer without you. The rules have been relaxed a bit, but you still have to prove that there will be a hardship if you weren't in the U.S. The application costs $585 plus attorney fees.

Those are basically your only 2 options.
1) You use AP to clear your first illegal entry, and adjust status in US.
2) Go via the I-601A hardship waiver.

All in all, I recommend AP. Takes less time, and the standard is much lower. You do not have to bend over backwards to prove that your absence would cause your spouse extreme hardship.

AP no question about it. Do it before a republican gets elected and takes DACA away.. Time is ticking. Good luck.

Concur with the other responses. Go for AP. I asked my lawyer when I went to go talk to her and she also noted the waiver had gotten easier but it takes a lot longer and is still hard to prove. I did the AP thing and am filing my paperwork for AoS tomorrow. yay.

Yup, time to find a sick great aunt in your home country that you suddenly care about.

I appreciated the help everyone. Thank you. Has anyone traveled back to the US through the San Ysidro border using advance parole? Or what is the recommend way coming back by plane or car?

You came in illegally?

Is that why you have to go back to clear status? I am unsure how this works.

Yes. I came here without inspection

Good luck Martin. I'm getting married next year. Hopefully trump hasn't deport me by then.