QUESTION
If I was arrested while crossing the border, can I still get a green card?
Asked on Jan 20th, 2011 on Immigration - Florida
More details to this question:
I was arrested when I was crossing the Mexican border five years ago. I was then released and failed to appear in court. I am now married to a US citizen and want to apply for a green card. A friend said I cannot because I entered illegal. Please help. I am from El Salvador.
2 ANSWERS
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
Since you did not appear in court it is likely that your were ordered deported/removed in absentia. If so, you are barred from returning to the US for 5 years unless your case is reopened. Reopening a case requires filing a motion with the immigration court and you need the assistance of an immigration attorney. Also, if you are married to a U.S. Citizen and being petitioned by hear you may be eligible to file a I-212 to waive or reduce this bar if the motion to reopen is not granted.
Answered on Jan 20th, 2011 at 4:58 PM
Contract Negotiations Attorney serving Miami Lakes, FL
at
Florido & Associates, P.A.
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You may file a motion to reopen with the court. You could also apply for I485 but may be ineligible due to your manner of entry.
Please make an appointment should you wish to discuss.
Answered on Jan 20th, 2011 at 3:43 PM