Many times when there is an illegal reentry, the immigration petition cannot be filed and/or the applicant must file for consulate processing in his or her home country. Additionally, there might be the need to prepare and submit a Waiver of Inadmissibility of the 3/10 year bar if there are the qualifying relatives. However, if the person is under 245(i), they might still be able to adjust in the U.S. depending on the circumstances.
Brian D. Lerner
Attorney at Law