Lyndhurst, NJ Immigration Law Firms & Lawyers

Yes, she can. The waiting time in the F2B category (unmarried children of permanent residents) is about 7 years (much longer for natives of Mexico and Philippines). If the mother becomes a citizen, the waiting time will become about 1 year shorter.

If you are in the U.S. without a legal immigrant or visa status, ICE does not need you to have a DUI conviction: being illegal is enough reason for deportation. But the way the deportation will proceed, and the possibility to obtain relief from removal will depend on whether or not you have a conviction. Remember, not just an arrest, a conviction is what counts - or your statement admitting that you have done the act for which you could be convicted of the particular crime. So, don't enter *any* pleas in the criminal court - even if it sounds OK, and you will not have to go to jail, and there will be no record of conviction, etc., etc. Do not enter any pleas even if your defense attorney tells you to do it - unless he assures you that he checked and made sure that the proposed plea will not affect your immigration situation and eligibility for relief from deportation. Generally, when you find yourself in removal proceedings, it is a good idea to get an immigration attorney. In your case, it would be better to have an immigration attorney who also does criminal defense. Good luck!

As long as you do NOT have status in the US then you can apply for DACA. DACA should serve to provide you with a "form of status" while you pursue the PERM process. Once the PERM process is approved and the I-140 is approved then you should be able to file for Adjustment of Status in the U.S. under 245(i). There are many nuances associated with the strategy that you are asking about. For example, you may want to double (or triple) check to be sure that you are grandfathered under 245(i). We would highly recommend that you consider speaking to a qualified immigration law professional before undertaking these cases. However, and in response to your query, you are likely to want to pursue the cases in-tandem.