If I was arrested while crossing the border, can I still get a green card? 4 Answers as of January 21, 2011

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.

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Your friend would appear to be correct.
Answer Applies to: Virginia
Replied: 1/21/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You may be get approved but you can't adjust status in US. You should hire an attorney to apply for waiver for immigration bar first.
Answer Applies to: Florida
Replied: 1/20/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
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.
Answer Applies to: California
Replied: 1/20/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
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.
Answer Applies to: Florida
Replied: 1/20/2011
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