Fremont, CA Immigration Law Firms & Lawyers

An active felony case would make it difficult to show the requisite good moral character to have citizenship granted. A more immediate concern is that you not lose your permanent residency so it is important to have your criminal attorney coordinate with immigration counsel before agreeing to any plea to a felony.

You can do it now most likely with a waiver provided she is a U.S. citizen; you don't have other unlawful presence in the U.S., no criminal charges, etc.

Based on the facts you provided, there is one solution: Your brother can file an I-130 Petition, together with your parents' applications for adjustment of status. It is extremely important to do the I-130 Petition right, because, if it is denied, the case will become hard to save. If the I-130 Petition is approved, the applications for adjustment of status will be denied, and your parents will be summoned before the Immigration Court. There, they can ask the Immigration Judge for the relief called "cancellation of removal" It means that the Immigration Judge can give them green cards to avoid the exceptional hardship that your 8 years old sister would suffer if your parents are deported from the U.S. There is a serious risk in this process; and anyone who would tell you he/she can guarantee a positive result would be lying. The procedure is very difficult and highly technical; not many attorneys can handle it successfully; and trying to do it without an attorney is pretty much like performing a surgery after watching some do-it-yourself videos on YouTube. At this time and on the facts you provided, there is no other solution. It is possible that there are other options available to your parents. It is also possible that, for some reasons, one or both of your parents cannot apply for cancellation of removal in the Immigration Court. To consider these possibilities, an immigration attorney would have to ask your parents, literally, dozens of questions; it cannot be done on this forum. So you can tell your parents that they need a consultation with an immigration attorney.