Cambria Heights, NY Immigration Law Firms & Lawyers

Generally, when someone enters the U.S. lawfully and with inspection, such as with an F-1 visa, and then becomes married to a U.S. citizen, the couple may go through the Adjustment of Status application process so that the foreign national spouse will become a Lawful Permanent Resident (will get a "Green Card"). This is true regardless of whether the U.S. citizen spouse is disabled and receives disability benefits. Disability benefits indeed may be counted in computing the documentable earnings needed to satisfy the Affidavit of Support requirements, but additional information would be needed in order to determine whether the benefits in your family's case would meet the statutory requirements. If the U.S. citizen's documentable income does not meet the requirements, then it may be necessary to have a "joint sponsor" participate in the application process. A joint sponsor need not be a relative, but instead generally may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities specified in the Affidavit of Support document. Especially for someone who is not thoroughly familiar with the application process, it would be wise to work with an immigration attorney.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.

You should still be eligible for deferred action with a one-time conviction for misdemeanor shoplifting as long as you are not sentenced to more than 90 days in jail.