Orion, MI Immigration Law Firms & Lawyers

You can apply for her green card only after your marriage. Then file the following Forms: I-130, I-485, G-325A, I-765, and I-864. You should consult with an experienced immigration lawyer before filing. If done correctly, the entire process only should take about 3 months from start to finish.

You don't specifically state whether your mother has lawful immigration status in the United States.Your mother needs to seek the advice of an experienced immigration lawyer soon! Criminal convictions/charges can dramatically affect a person's ability to remain in the United States. Regardless of whether she has lawful status or not, she could be turned over to ICE as a result of the criminal charge and put in removal (deportation) proceedings in immigration court. I personally make it a rule to never make an evaluation on the impact of criminal charges as it relates to an immigration case because of the various ways in which state statutes are worded and the impact of the relevant immigration statute on a person's ability to gain an immigration benefit as it relates to that criminal charge. I highly recommend seeking an experienced lawyer in your area through lawyers.com. Some attorneys will charge for an initial consultation. But, if your mother is eligible to remain in the United States, an experienced immigration attorney will be able to properly advise your mother.

Most likely, your sister will only be able to immigrate herself and her youngest child who is under the age of 21. That is because the relevant time to look at age for a child is generally at the time of entry into the United States. There is an exception under the Child Status Protection Act under which a child's age becomes frozen at the time that the priority date becomes current, and credit can be given for the period of time that the I-130 petition pended at Immigration before approval. If you use those points to calculate and the other children's ages are less than 21 when the priority date is current, the child or children could still apply to immigrate with your sister.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.