Hicksville, NY Immigration Law Firms & Lawyers

First, yes, you can change status in the U.S. from O1 or O2 to F1, as well as from B1 to F1. Second, you need to understand that obtaining an O visa is rather difficult (if your sponsor already has an O1, getting an O2 is easier, of course), and more expensive than a B visa. Third, if you plan to work during your Master's studies, F1 would not permit you to do so; but if you will have an O2 and work for your sponsor, you could study part-time without changing status to F1.

A U.S. Lawful Permanent Resident may become eligible to file an application to become a naturalized U.S. citizen as early as 90 days before reaching 5 years from the date he became a Permanent Resident, and this is true regardless of whether he may have a pending divorce case or even a concluded divorce. Note that if you obtained your Permanent Resident status by virtue of being married, such as would be the case if your wife was the primary applicant and you were the derivative beneficiary in the process by which you both became Permanent Residents, then the USCIS could inquire to see that your marriage had been bona fide notwithstanding that it ended in divorce. With a child together, as shown by both parents on the child's birth certificate, I would anticipate that showing the bona fide nature of the marriage would be relatively straight-forward. There are other requirements for naturalization eligibility and it would be wise to work with an immigration attorney for the application process.

It depends on what the misdemeanor charge was. Some misdemeanors can be considered aggravated felonies for immigration purposes even though they are classified as misdemeanors on the state level and will lead to deportation. Other misdemeanors can be considered crimes involving moral turpitude (CMTs or CIMTs) and will make a person inadmissible from returning to the U.S. should she travel abroad. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your daughter-in-law's situation. He/she would then be in a better position to analyze her case and advise her of her options.