Onchiota, NY Immigration Law Firms & Lawyers

She can apply for a tourist visa (B-Visa). However, since you are married, the consulate may question her intent to immigrate to the U.S. and deny the visa on that ground. Be prepared to show that she has substantial ties to her home country and is not planning on immigrating anytime soon. Good Luck.

Your renewal under DACA would not be denied for not having renewed it for over a year. The application will be examined with perhaps a little more scrutiny because of its lateness.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Shoplifting is an issue of good moral character. Is this the one and only crime or infraction you have on your record? USCIS will look at the statutory period (five years unless married to a U.S. citizen) for any issues of good moral character. To properly advise you an attorney will need all the of the facts surrounding the incident, review certified copies of the court records including documentation that you successfully completed the diversion program, balance this with all evidence of your good moral character, and then the Officer will make an assessment of whether you should be approved. It is possible but not a guarantee. Safer would be to wait for the five year period and try and get some positive equities in your favor such as volunteer work and other evidence you are truly rehabilitated and now a good citizen.