Bainbridge, GA Immigration Law Firms & Lawyers

As you are a US citizen, you can file to begin your sister's permanent residence application at any time if you are over the age of 21.   You can file under the F-4 category for siblings of US citizens. For most countries of the world except for China, India, Mexico and the Philippines, those who filed by 11/1/03 are eligible for final processing. So the wait is approximately 13 years at this time. Another option that you can pursue is to immigrate one of your parents if one of them is not yet a permanent resident, and have him or her apply for your sister under the F-2B category of adult children of permanent residents. That process would take approximately 8-9 years (including for the parent to obtain LPR status). Your sister would have to stay single during that time. I note that with the current expansion of the I-601A program to waive the 10 year bar for illegal presence in the US based upon extreme hardship to a US citizen or permanent resident parent or spouse, and if one of your parents is eventually an LPR or USC, your sister may be able to complete her immigration case by going overseas for consular processing of her immigrant visa when her priority date becomes current and be assured that she will not be blocked from returning because of her unlawful presence if the waiver is approved. She may also be eligible for consideration of cancellation of removal, the so-called ten year green card, but that is a complex route before an immigration court with a high standard of proof to meet – exceptional and extremely unusual hardship to the children if the application is not granted. Failure of such an application usually results in a removal order, and to even get her case before an immigration court would be problematical as your sister already has DACA protection. Your sister alternatively can do nothing and wait to see if Mrs. Clinton is elected president. She has promised to put the immigration issue on the top of her list of priorities once she is sworn in.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.  

I cannot comment on a law that has not been passed yet. As for your father-in-law, he cannot petition for a *married* son if he is only a permanent resident. However, you can petition for your husband if you are a resident or citizen of the US.

In the N-400 application process it will be necessary to identify all offenses, including the one you described (which would be identified to the USCIS through the security background search in any event), and to provide a complete set of court-certified copies of disposition documents. With full and complete disposition documents, and assuming an absence of other blemishes on your record, I would expect the offense you described not to stand in the way of your eligibility for naturalization.