Bringing back a deported family member

[Phil314 0]

Hello,

I am new to visajourney and have been following a few threads. I cannot seem to find an answer for my question in all the threads I've read so am starting this one in hopes of getting a better idea of how long our process will take and if there is anything I can do to speed it up (since the Visa Bulletin is unpredictable and it drives me crazy looking at it)!.

My parents came here in 1986 with my brothers and sisters. Long story short all of us were able to finally get our green cards in 2001 except my oldest brother since he was over the 21 age limit by the time my parents' application went through. I have 3 brothers and 3 sisters, two of them were born here. My oldest brother was the only one left out of the application and while the rest of us proceeded to become citizens, he was deported back in 2005. What sucks is that growing up he was a second father to us. He and my dad started their own painting company and supported my entire family, he even helped me pay for college. My father passed away from cancer in 2003, and 2 years later my brother was deported. After that, I had to move back home, being the second oldest, to help support my mom. Seven years later, we're still trying to bring him back. He doesn't have family in our country, he can't find a decent job that will provide him with enough to live on his own (so ironically, now we're the ones supporting him). We try to visit him during Christmas but that has gotten so expensive with the economy. He was so much better off here and we miss him so much! On top of that, I got engaged last year and would love to have my brother here to walk me down the aisle since my father isn't alive to do that. We are holding of on setting a date until we know for sure my brother's chances of returning.

Here is more information on his case below with dates. Anything else we can do to speed it up?

I-212 Filed June 20, 2005

I-130 Filed April 8, 2006

I-130 Approved March 6, 2007

I-212 Approved April 4, 2012

PD April, 8, 2006 under F1

Not sure what other information you need, but I see that the bulletin right now shows May 2005. I've also seen there have been retrogressions which are all confusing to me. Should I be doing anything else other than waiting for the visa bulletin to miraculously get to April 6, 2006? Do you have any idea of how long that would take? Sorry for the rambling. Any guidance would be greatly appreciated!

[aleful 1,905]

Hello,

I am new to visajourney and have been following a few threads. I cannot seem to find an answer for my question in all the threads I've read so am starting this one in hopes of getting a better idea of how long our process will take and if there is anything I can do to speed it up (since the Visa Bulletin is unpredictable and it drives me crazy looking at it)!.

My parents came here in 1986 with my brothers and sisters. Long story short all of us were able to finally get our green cards in 2001 except my oldest brother since he was over the 21 age limit by the time my parents' application went through. I have 3 brothers and 3 sisters, two of them were born here. My oldest brother was the only one left out of the application and while the rest of us proceeded to become citizens, he was deported back in 2005. What sucks is that growing up he was a second father to us. He and my dad started their own painting company and supported my entire family, he even helped me pay for college. My father passed away from cancer in 2003, and 2 years later my brother was deported. After that, I had to move back home, being the second oldest, to help support my mom. Seven years later, we're still trying to bring him back. He doesn't have family in our country, he can't find a decent job that will provide him with enough to live on his own (so ironically, now we're the ones supporting him). We try to visit him during Christmas but that has gotten so expensive with the economy. He was so much better off here and we miss him so much! On top of that, I got engaged last year and would love to have my brother here to walk me down the aisle since my father isn't alive to do that. We are holding of on setting a date until we know for sure my brother's chances of returning.

Here is more information on his case below with dates. Anything else we can do to speed it up?

I-212 Filed June 20, 2005

I-130 Filed April 8, 2006

I-130 Approved March 6, 2007

I-212 Approved April 4, 2012

PD April, 8, 2006 under F1

Not sure what other information you need, but I see that the bulletin right now shows May 2005. I've also seen there have been retrogressions which are all confusing to me. Should I be doing anything else other than waiting for the visa bulletin to miraculously get to April 6, 2006? Do you have any idea of how long that would take? Sorry for the rambling. Any guidance would be greatly appreciated!

forget about that petition, he has a 10 year ban, so if he left, he has the ban until 2016. are you or any of the older USC siblings over 21? a USC sibling can file for him, the petition will take 12 years or more, but at least the 10 year ban will be over.

[Noah Lot 391]

forget about that petition, he has a 10 year ban, so if he left, he has the ban until 2016. are you or any of the older USC siblings over 21? a USC sibling can file for him, the petition will take 12 years or more, but at least the 10 year ban will be over.

He's ineligible until at least ten years have elapsed since his deportation...and no, there is NO waiver for a sibling. So he is pretty much stuck, with no realistic way back until the ban has expired. A tourist visa, given his immigration history, will be impossible. And it does not sound as though he has sufficient skills/education to qualify for an H1B (and would still need a waiver in any event.)

there is no humanitarian visa either (it does not exist).

[aleful 1,905]

He's ineligible until at least ten years have elapsed since his deportation...and no, there is NO waiver for a sibling. So he is pretty much stuck, with no realistic way back until the ban has expired. A tourist visa, given his immigration history, will be impossible. And it does not sound as though he has sufficient skills/education to qualify for an H1B (and would still need a waiver in any event.)

there is no humanitarian visa either (it does not exist).

that's why I suggested that a sibling can file a petition, he can wait until the ban has ended. the wait for siblings is over 12 years, that give him time to sit out the ban. I know there is no waiver for siblings.

[Noah Lot 391]

that's why I suggested that a sibling can file a petition, he can wait until the ban has ended. the wait for siblings is over 12 years, that give him time to sit out the ban. I know there is no waiver for siblings.

The OP might not know, since he only mentioned 'speeding up' the priority date (which cannot be done either).

[Phil314 0]

But his I212 waiver to return after deporation was approved. Doesnt that waiver give him permission to return before 10years? My mom filed for him and he is over 21 and not married.

[Noah Lot 391]

But his I212 waiver to return after deporation was approved. Doesnt that waiver give him permission to return before 10years? My mom filed for him and he is over 21 and not married.

he may have other ineligibilities based on the deportation.

[ceadsearc 516]

Someone can correct me if I'm wrong but everything I have read states the I-212 waiver is to overcome the ban for deportation. He will need an I-601 waiver to overcome the unlawful presence. As an over-21 child he isn't eligible for that waiver.

[jaycali 415]

I'm truly sorry for your family's situation, but your brother won't be in the US until at least 10 years after the deportation.

[Adriene H 89]

Why was he deported?

[aleful 1,905]

Someone can correct me if I'm wrong but everything I have read states the I-212 waiver is to overcome the ban for deportation. He will need an I-601 waiver to overcome the unlawful presence. As an over-21 child he isn't eligible for that waiver.

not true age doesn't matter. I read incorrectly the OP and I thought that the dad had filed for him, but it's the mom, so he should be ok to file the waiver or waiver after his interview, but it will depend on the mom's hardship letter if the waivers are approved.

[ceadsearc 516]

Ah, you may be right. The parent will have to prove that it will be an extreme hardship for them not to have him here and that they can't reunite in the home country instead.

[Phil314 0]

I'm truly sorry for your family's situation, but your brother won't be in the US until at least 10 years after the deportation.

WARNING (LONG POST!)

It was voluntary deportation. Does that make a difference. Maybe I should have added a little more detail. Ok here it goes, let me know if it changes anything. He got married in 1997 to his girlfriend who was a US citizen and so he was issued a temporary visa at that time. But not long after they were married, they had marital problems. So much was going on with my family at that time...one of my younger brothers had enlisted in the army and was shipped overseas to Iraq, my youngest sister got diagnosed with a blood disorder, my father was sick, I was trying to graduate from college and ran out of money. I think all these things just added to their stress and so they divorced before his visa/paperwork could be finalized. So when his visa expired, he applied for cancellation of removal. On his scheduled court date, the Judge said he did not find that my brother had strong enough ties to the US (his lawyer at that time sucked). But the Judge was very kind and told my brother that because he is a person of good moral character, he told him he would just grant him voluntary departure and gave him a date to depart from the US (I think it was Oct. 28, 2005). So my brother bought his plane ticket to depart the day before his date of departure. I know he was cutting it close, but he really did not want to go back and so he stayed until the very last day he could. Needless to say....we got snow on the day he was supposed to fly out and so his flight was cancelled and he left the day after he was supposed to have left the United States. He did go to the embassy as soon as he got to Peru to have his paperwork stamped and show that he went back. Our lawyer advised us to filed the I-601 and the I-212 right away as well as the I-130. So we did. The I-130 was approved 2 years later. In 2009 we finally heard back about the I-601 and they were asking for more evidence. We got the notice 2 weeks before we could pull together money to hire a lawyer to help us with the evidence, so instead we withdrew our application and the lawyer we hired told us to focus on the I-212. So we did. In 2010 we heard back on our I-212 application and had a Notice of Intent to Deny. With the help of our new lawyer, she helped us gather the information they needed and we submitted the evidence by the due date in 2010. One year later...still no word on our application. In January 2012, our lawyer told me that she had heard from USCIS about the status of our application and that they were going to send another NOID. But instead of being sad about it, I prayed on it, and decided to write Secretary Napolitano about my brother's case. I got a reply from her office saying that she's sorry to hear about our situation, but because of the Privacy Act they could not help me and they would need to hear from my brother instead. So I had my brother write a letter from Peru and he also noted in that letter that he granted permission for me to have access to his information. I'm not saying my letter made a difference...but ironically, 2 months later after my brother sent his letter in, my lawyer got an email from USCIS that our application had been approved (she thought it was weird, but I didn't mention to her anything about a letter - she probably would have been upset we went behind her back). Anyway, I also got a follow-up call from a USCIS representative making sure that I had received the I-212 approval notice. A week after that, I got a letter addressed to me repeating what the USCIS officer had informed me and the letter also mentioned that the I-601 had also been approved (weird!). Anyway, it said that the NVC would notify the Consular in Peru and the Consular would then contact my brother for the next steps.

So that is where we are. My lawyer said that we just have to wait for his Priority Date to arrive, which is April 8, 2006. Sooo, I came to this board to see how long waiting for PD would take and if there was another way around that since I would like him here for my wedding. But now I'm hearing differently from you all.

[Phil314 0]

Why was he deported?

Hello, I posted the answer to your question above....I could copy and paste but I don't want to take up more room

Edited May 10, 2012 by Phil314

[beejay 125]

WARNING (LONG POST!)

<snip>

Go to www.immigrate2us.net

They have a forum like here except the members are very familiar with the ins and outs of I-212, I-601s and the ramifications of voluntary departure. Visa journey is a good site but not for cases like yours. Go to www.immigrate2us.net and join their forum and ask your question.

Congratulations on your engagement and I'm sorry your brother has been separated from his family.