Visalia, CA Immigration Law Firms & Lawyers

Someone who is convicted of a crime of domestic violence is barred from the United States and of course deportable. In looking at the conviction, the question of whether there is a crime of domestic violence largely depends upon the statute under which a person is convicted or pleaded guilty to, and whether it is clear that all elements of a domestic violence crime are properly in the statute. Your ex-husband's ability to obtain an extension on the J-1 visa probably depends upon what happens with the charge.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.  

You should have your mother's case fully analyzed to make sure that she is eligible for the green card. If you are a US citizen over 21, then you are allowed to sponsor your mother. However if she entered the US illegally, this may bar her from getting a card in the US, unless she qualifies under a law called 245(i). Also if she was ever arrested, has not paid taxes or has an overstay, these can present issues. To analyze approval, you need to make an appointment with a competent immigration attorney and bring your mother so she can answer all the relevant questions. Good luck!

With a visa waiver she will not be able to change status to another nonimmigrant category and since you are only EB-3 even if you were married she could not yet file her I-485: (1) would need a current Priority Date; and 2) cannot adjust from VWP unless married to a U.S. citizen and still within the 90 day waiver period. Best is to have a consultation on other possible nonimmigrant classifications she might qualify for then have her go home before the VWP expires and return in the new longer classification. If interested in talking about this call me at the number below.