It depends on various factors. The first thing that you have to do is sit down with a lawyer who has handled both asylum and family immigration matters extensively to figure it out. There are many issues to go over.
Your case requires more details to give an accurate answer, especially about eligibility.
You should consult with an experienced professional who concentrates in immigration cases to determine how to best resolve this matter.
Thanks very much
Harlan York, Esq. 973.642.1111
The Immigration Act expressly excludes crewmen from adjustment. You're saying that you had a C1 but not crewman. You need to get a thorough review of your case by a veteran immigration lawyer with extensive experience. If adjustment is not available you might be able to get a 601A waiver.
1. Get a top criminal defense attorney now. 2. Consult with an experienced immigration lawyer who understands the consequences of your police problems. A DUI may trigger a visit from Immigration & Customs Enforcement, possible detention and a deportation hearing. It happens often, here in New Jersey.
Harlan York 973.642.1111
A strong 601 and 212 will have better chances of being granted with proper evidence supporting the waivers. Denials can be appealed. I have seen many denials which were based on waivers submitted without proper evidence. It may not be too late to add to your 601 and 212 if you did not send enough evidence already. See my blog post below for more please. Thanks.
The lack of details about his previous case in the court are troublesome. The best thing to do is review the matter with a top immigration lawyer to ensure that this court case is not a problem that can result in denial of citizenship and Worst case scenario, a deportation case being started.
You have to see an immigration attorney significantly experienced in dealing with the effect of crime on immigration status, to review your complete history including how long you have lived in the US and your arrest / conviction record. Do not go near any airports or federal buildings until you get this consultation. I have been advising immigrants on this issue for many years.
The sibling provision - to which you refer - was part of the Senate bill that passed earlier this year. However the House has not done anything. It was merely included in the proposed changes to the Immigration Act.