Golden, CO Immigration Law Firms & Lawyers

Hello, If you entered the U.S. without inspection and no approvable petition was filed for you before April 30, 2001, the only option you have is to leave the U.S. and file for a green card at a U.S. Consulate abroad in order to get a green card. You should consult with an immigration attorney for advice before you move forward with your case because it seems that you have lived in the U.S. unlawfully for an excess of one year so when you leave the U.S. you would be subject to a penalty bar that would require that you remain outside of the U.S. for up to 10 years.    Notes: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. 

If the individual remained outside the United States because he himself had an illness which kept him from returning to the States, he could conceivably apply for a special immigrant visa at the American consular post. If the green card is not yet expired, he may also think about taking a chance and attempting to reenter the US and explaining his situation to the Customs and Border Protection official that he meets at the port of entry. If sympathetic, CBP may allow him to apply for a waiver to enter the country. If not sympathetic, he would be asked to surrender the green card and go home or see the immigration court. His other alternative is to have his US citizen wife reapply for his green card on form I-130.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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, including a complete review of the charges and your juvenile/criminal record. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.