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What can i do to adjust my status?

San Diego, CA |
Filed under: Criminal conviction

Convicted of a crime from when i was 18. Sentenced to 12 yrs..and while in custody married my sons mother who later became a naturalized citizen after sentence i appeared in front of a judge who deported me and took my LPR away. I lived in California since i was 6months old so because i never lived in mexico i tried to cross back illegally after 3 days of released and because of that dumb decision i was sent to federal prison for 32months. I was released about a year ago and now living with my wife and son in Tijuana Mexico. Its been hard for the 3 of us cause its a whole different world. I was a teen when i did my mistakes and it has caused a lifetime of hurt to all my loved ones and self. Please advice me if theres anything i can do.

Attorney Answers 2


Unfortunately, you have two very significant issues. The first is your criminal conviction. I presume from the sentence imposed, the crime was quite serious. United States immigration law is not forgiving when it comes to persons convicted of certain criminals convictions. If your crime falls into on of these categories, you may not be eligible to return.

The second issue is the attempted illegal re-entry. This subjects you to a bar to admission, which is often referred to as a "permanent bar". After 10 years outside the United States, you can request permission to reapply for admission.

You stated that you were an LPR. How did you obtain your status? Did you parents ever become United States citizens? If so, please provide the details of when this occurred and your age at the time. The reason I ask is you may have acquired U.S. citizenship and if so, you would be able to return to the United States despite your conviction and prior attempt to re-enter.

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There is nothing you can do under current law to adjust your status.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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