Palm Beach Gardens, FL Immigration Law Firms & Lawyers

Normally an individual who is still maintaining a nonimmigrant status is able to adjust status to permanent residence in the US without leaving. The corollary applies for consular processing that a person maintaining status in the US is generally able to obtain an immigrant visa upon interview. A concern may be how quickly the person was petitioned after entering the US as a rapid filing of an I-130 petition after entry may be an indication of misrepresentation of intent when applying for the visa or when entering the country. In the absence of other aggravating factors, a consular interview for such a person is usually successful. You mentioned that your sister was married two years ago and her husband as already filed papers for her. Kindly note that the marriage would have dropped her immigrant visa category from F-1 unmarried adult daughter to F-3 married adult daughter, and that the priority date that is being processed for final immigration in that category is 1/22/05 for the month of November 2016. As that category has an 11+ year backlog, your sister could be stuck in Jamaica unless her priority date is before 1/22/05. In that case, she may wish to wait for immigration through her husband.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.  

There is a broad waiver for non-immigrant visas, and if your friend has shown rehabilitation and has a good reason for entering, he may very well be eligible for a waiver. The offense may also meet the "petty offense" exception. He should certainly speak with a lawyer who can review his conviction and help him present his case.

Marriage to a US citizen may help you, but if you need an unlawful presence waiver, it would depend on your personal circumstances whether you would be able to return in the 10-year period after you last left the US.