Morrow, GA Immigration Law Firms & Lawyers

Generally, a U.S. citizen who reaches age 21 then may sponsor a parent in the process of becoming a Lawful Permanent Resident. This is true regardless of whether the U.S. citizen child may have a learning disability. If the child does not have sufficient documentable income, however, then it may be necessary to have a joint sponsor in that process. Generally a joint 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. When the beneficiary (the mother) is outside of the U.S., then the immigration application process will involve consular processing rather than an application for adjustment of status. Of course, there are many other details that determine eligibility. There really is no substitute for your sister (with you, if that would be appropriate) and your mother to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

Generally, when a foreign national entered the U.S. lawfully and with inspection (as you apparently did 11 years ago), and then becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application process so that the foreign national spouse may become a Lawful Permanent Resident (get a "Green Card"). This is true regardless of whether the foreign national spouse may have overstayed her visa, may have applied for and been granted relief through DACA, and may have DACA status ending soon. Of course, there are many other details that determine eligibility. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

No it will not affect you. If you do not want your aunt to have your financial information, you may send the affidavit of support (form I-134) directly to the US consulate that she will apply.