Fulton, NY Immigration Law Firms & Lawyers

If your wife is a USC, then she can start the consular processing application for you to obtain a green card. It is three steps and takes about 10 months to 12 months or longer if you are not organized or dealing with a slow consulate. She should make an appointment with a competent immigration attorney to discuss details.

Your conviction, by itself, does not strip you of your permanent resident status; however, an open bench warrant for your arrest can create problems at the border. Your attorney can try to persuade the court to rescind the bench warrant in your absence (chances of success are not great, but not a zero, and might be improved if the court would accept a bond). If the court would not agree to rescind the warrant without your appearance in the court, you would have to risk coming. If you will have problems on entry, the record of your attorney's efforts to rescind your warrant will help to establish that you are coming back to the U.S. with the intent to appear in court and face the charges against you. Also, you will need as much proof of your mother's health problems as you can get - to support your explanations why you violated your probation. No one can guarantee you any particular outcome of your court case, but, under the circumstances you described and with sufficient evidence to support your story, I would estimate your chances for getting probation reinstated as fairly high.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The main question that you will need to answer at the interview is how are you supporting yourself and your baby? I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.