Jesup, GA Immigration Law Firms & Lawyers

Yes, an adult U.S. citizen may petition for parents to adjust status in the Immediate Relative visa category, and if her documentable income is insufficient to meet the Affidavit of Support requirements, then one or more co-sponsors will be needed. Generally, a co-sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities associated with the Affidavit of Support. Of course, there are other requirements for eligibility too. It would be wise for your family to consult with an immigration attorney who, after learning all of the relevant information about your family would be able to advise about immigration eligibilities, options and strategies, and would be able to offer legal representation in the application process - which often can be far more complex than it might appear.

The short answer to your question is yes, you may become eligible for an application in the EB2 visa category, but significantly more information is needed in order to fully analyze eligibility and to assess options. Among those considerations are that an application in the Employment-based Second Preference (EB2) visa category is the first of two major steps toward becoming a Lawful Permanent Resident (getting a "Green Card") - the second step is applying to adjust status. Filing an application for adjustment of status, and the actual use of an Employment Authorization Document ("EAD" or "work permit") or of Advance Parole (a "travel document") while that case is pending may be expected to terminate eligibility to extend F1/OPT status. For this reason, it would be wise to engage an immigration attorney to learn all of the relevant details about you, your expertise, your job, etc. in order to advise you about immigration-related options and the most appropriate steps for you to take, and to represent you in the immigration application process.

The immigration consequences for criminal convictions can be far more complex than it might seem. Some dispositions (like pretrial diversion, first offender status, etc.) can be treated as convictions by the USCIS; some misdemeanors can be treated as felonies by the USCIS; etc. The charges that were filed are not controlling about naturalization eligibility, and instead you should obtain court-certified copies of all the disposition documents (this is likely to be difficult if the conviction was expunged, and may require a court order to obtain the certified copies; also note that expungement is meaningless to the USCIS in determining immigration eligibilities and consequences) and allow an immigration attorney to review them for you. Those same court-certified documents will be needed in the event an immigration attorney is able to confirm naturalization eligibility, since the USCIS will require that you supply them as part of the supporting documentation. While a single conviction for disorderly conduct may not stand in the way of naturalization eligibility, it certainly will make your application process more complicated. It would be wise for you to work with an immigration attorney for the naturalization process.