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