Breckenridge, CO Immigration Law Firms & Lawyers

I would suggest that she see a lawyer who can review the details of her entry and any rights she has an abused person to see which way will be the best for her.

Generally, a U.S. Citizen who is at least age 21 may sponsor a parent to adjust status to become a Lawful Permanent Resident (to get a "Green Card") if the parent entered the U.S. lawfully and with inspection, even if she may have overstayed her visa. Becoming a Permanent Resident for 5 years (3 years in the case of some people married to U.S. citizens) is a prerequisite for applying to become a naturalized citizen. The analysis is different for a sibling. Generally a U.S. Citizen may apply for a sibling who entered the U.S. lawfully and with inspection in the Family-Based Fourth Preference Category. The waiting list for a visa in this category is very long - by some estimates it may be 15 years or even longer - and so this rarely is a worthwhile immigration strategy and other alternatives need to be explored. Note also that if the sibling is out of status, she will need to go outside the U.S. for consular processing (instead of "adjustment of status" inside the U.S.), and if as an adult the sibling has been unlawfully present for more than a year she may become subject to a very harsh 10-year bar to re-entering the U.S. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

You must show good moral character to become a citizen.  The immigration services looks at your criminal record going back five years, but any offense, even if older than five years, that raises issues about good moral character can be used in evaluating your qualifications.  It certainly would be best to wait until five years have passed, but even then the issue may affect your application.