Alva, FL Immigration Law Firms & Lawyers

Yes you can get married but she will not get derivative asylee status since she married you after your asylum was approved. Next February you may begin the process to obtain your permanent residency. At that time you can file an I-130 petition for her but this just gives her a place in line until you become a U.S. citizen (4 years after your grant of PR status) or the FB-2a category advances to her Priority Date. In the meantime it is important she remain on her business visa. We can also explore the possibility of her employer sponsoring her for a green card as depending on her qualifications and the nature of the position she is in this may be quicker. I would suggest a paid consultation to sort all of these facts out and work out the best strategy for her.

I suggest that you apply for a visa at the American consulate or embassy and explain your situation and if requested, present the notice of dismissal. I concur with your thought that you should not apply for ESTA anymore.  Theft is a crime of moral turpitude and the fact of the arrest alone will likely result in an ESTA denial. When you again visit the US, you can bring the notice of dismissal in the event that you are questioned about it by CBP. 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.  

To file for your mother in Jamaica, you would file form I-130 Petition for Alien Relative to the U.S.C.I.S. lockbox in Chicago with the $420 filing fee. You would have to include proof of your U. S. citizenship and birth certificate to show that she is your mother. 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.