Do I still have a chance to become a US resident if I was arrested? 10 Answers as of December 21, 2011

You need a viable way to return and a waiver which would be based on the hardship of a parent or spouse who must be a USC or resident.

Sounds like you have no impediment to applying for US immigration status. There were no crimes and you were not deported. You are free to try to get residence on any ground for which you qualify.

The answer depends upon whether you were convicted of a crime, your ties to the U.S., length of prior unlawful presence, and whether you departed voluntarily as allowed. The fact that you were given the option to depart voluntarily leads me to believe the criminal matter would not bar your receipt of lawful permanent residence in the future, but there is insufficient information to assess this case properly. You should speak to an immigration attorney in more detail about your specific facts.

Yes, but in leaving you may have subjected yourself to a three or "ten year bar." If you turned around and then came right back in the US illegally, you may also have subjected yourself to a permanent bar, but arguably not. I could see both sides of that argument with your "voluntary departure." You didn't say if you left voluntarily having been put into removal/deportation proceedings, or when you left. Both of these are or could be factors to consider. In any event, you would need a petitioner for your return, either a school for an F-1 visa for you, a future employer to file for you, a fiance(e) to file for you, or a spouse to file for you, an adult child to file for you, or a parent to file for you. Unless you are approved for a tourist visa, which you file for yourself. Show all your paperwork to an experienced immigration attorney.

It depends on your immigration history and who is petitioning you for permanent resident status whether you are eligible.

There may be other complications, since you may have been unlawfully present and subject to a ten year bar on lawful immigration. I strongly recommend an appointment with a competent and experienced immigration attorney. You should discuss whether you qualify to file for a waiver that may allow you to lawfully return, if approved.

Once you obtain Voluntary Departure it is very difficult (though not impossible) to reopen your case. You did not include enough facts for me to properly evaluate your case. Seek out a qualified immigration attorney who focusses on deportation defense to help you immediately - very strict timelines apply to re-opening your case.

You may, but need a family or work sponsor for your Residency. You may also be barred from returning, but that depends on how long you stayed in the US.

In order to become a US resident, Immigration has many requirements. Certain crimes can bar a person from entering legally into the country, however simple driving tickets do not usually matter, like driving without a license, speeding, parking tickets and some others. It is often important when there have been arrests and prior entries into the United States to consult an immigration attorney upon entering the US legally to determine whether there will be issues and what if any remedies are available.

Your entire criminal history, unlawful presence, and immigration history will be considered. Normally, driving without a license will not disqualify from obtaining residency.