Will he be deported

[jortega999 4]

My brother-in-law got married to a US Citizen almost two years ago. He came over on tourist visa when he got married and was supposed to file his AOS. Well, his wife was laid off and they have had many struggles along the way because he can't work without a SSN. Since his Tourist Visa expired last year, can he still file for AOS for a Green card? Will he be deported for being here out of status for almost years? My wife and I have agreed to lend him some some money since his wife and her family can't seem to do anything about it and they have a baby on the way. I had heard that he can file, but that he will have to face a penalty for being here illegally.

[GC2010 7]

yeas he can still filed for AOS an no they wont deport him for that.. so just tell him to filed for it ASAP..

http://www.visajourney.com/content/k1k3aos FOLLOW THAT GUIDE RITE THERE AN START UR AOS ..

[juliava 80]

I concur. A lot of people who were out of status successfully applied for AOS and they didn't pay any kind of penalty. just follow the guides and if you have any other questions you should post them here, I am sure you will get help from a lot of users of this forum.

[Harpa Timsah 13,258]

Hi! Head on over to this forum to find other people in similar situations to your brother's. This forum is for people adjusting from K visas, and the other is for people adjusting from work, student, and tourist visas. http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Your brother is now out of status and can be deported at any time. Once you file his AOS papers he will be back in authorized stay. There is no extra penalty for overstaying for direct relatives of US Citizens who entered with a visa (The 485a you may have heard about is irrelevant for direct relatives of USCs). If he entered on the visa waiver program, or entered without inspection then it is different, but you said tourist visa, so I am assuming he came on B-2. So anyway, get his paperwork out as so as possible and you eliminate the chance of deportation and get him working! Good luck!

EDIT: GC2010's link is incorrect for your case. That's why I linked to you a different forum, because people in this form file slightly different paperwork. The correct forms for your brother is here:

http://www.visajourney.com/content/i130guide2

Edited November 5, 2010 by Harpa Timsah

[Brother Hesekiel 2,236]

Hi! Head on over to this forum to find other people in similar situations to your brother's. This forum is for people adjusting from K visas, and the other is for people adjusting from work, student, and tourist visas. http://www.visajourn...-tourist-visas/

Your brother is now out of status and can be deported at any time. Once you file his AOS papers he will be back in authorized stay. There is no extra penalty for overstaying for direct relatives of US Citizens who entered with a visa (The 485a you may have heard about is irrelevant for direct relatives of USCs). If he entered on the visa waiver program, or entered without inspection then it is different, but you said tourist visa, so I am assuming he came on B-2. So anyway, get his paperwork out as so as possible and you eliminate the chance of deportation and get him working! Good luck!

EDIT: GC2010's link is incorrect for your case. That's why I linked to you a different forum, because people in this form file slightly different paperwork. The correct forms for your brother is here:

http://www.visajourn...tent/i130guide2

Almost perfect response, and actually 100% accurate . . . except, the immigration folks do not deport somebody who's eligible to file for AOS. If detained, the judge would command him to file for AOS ASAP, but wouldn't deport him.

[Deputy Purple 1,294]

He did enter on a Visa right, not the Visa Waiver Program? It's important that he isn't a VWP Overstayer...

[Anh map 2,098]

My brother-in-law got married to a US Citizen almost two years ago. He came over on tourist visa when he got married and was supposed to file his AOS. Well, his wife was laid off and they have had many struggles along the way because he can't work without a SSN. Since his Tourist Visa expired last year, can he still file for AOS for a Green card? Will he be deported for being here out of status for almost years? My wife and I have agreed to lend him some some money since his wife and her family can't seem to do anything about it and they have a baby on the way. I had heard that he can file, but that he will have to face a penalty for being here illegally.

Is the USC wife presently working? If not, are you able to loan them approx. $60K? Or better solution, are you willing to be her joint sponsor for your BIL?

She will need to submit the I-864 Affidavit of Support and show income that satisfies the requirement or obtain a joint sponsor.

Find the form I-864 here -->> http://www.uscis.gov/files/form/i-864.pdf

Find the income requirements here -->> http://www.uscis.gov/files/form/i-864p.pdf

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for **