SO WHAT CAN BE DONE??

[belinda63 3,039]

First your spouse would have to be a citizen (3 years if you stay married). Then he petitions the mother (1 year). She then petitions the unmarried children (an LPR cannot petition married children) and waits (children under 21) a couple of years or (children over 21) about seven years. She must maintain her residency the entire time and if the children marry they lose the petition. So all in all for children under 21 about 6 years total from now and children over 21 about 11 years from now......if things stay about the same as far as immigration goes.

As to the brother-in-law very unlikely he will obtain a tourist visa. It is unknown if he has a ban (the whole turning 18 while in detention sort of confuses things) but it didn't help he didn't leave when he was supposed to and that he worked without authorization. All he can do is try.

Edited July 6, 2014 by belinda63

[Boiler 45,731]

He will have a 10 year ban for illegal presence.

If anybody wants to visit they apply for a Tourist visa, nothing to do with you.

[dwheels76 5,468]

Hi everyone!!!

So I always come to the experts here at visajourney, and have come again to ask about something completely different!!

So, my brother in law entered the country illegally in 2004. He was caught while entering the country, and was detained and sent to a facility for a couple of months. He was still a minor when he entered, but turned 18 while in custody. He was given a deportation order with no time frame. I have it in my posession and it just says he needed to leave, time spots are empty. He was not deported out of the country tho, and was handed over to his brother (who is now my husband and who just got his permanant residency!! whoa who!!! ?). My brother in law decided to stay, but used a different name to find work because he thought he would get deported if he used his actual name. He never committed a crime. He left voluntarily to Guatemala in 2012 and recently got married in 2014. He is now a successfull small business owner, and received a Mexican visa, which he plans to use for this coming Octuber.

So we wanted to know what would be the best route for him to take in regards to his coming back legally to the US. How long should he wait?? Can he use the waiver from Guatemala??

Thanks to everyone!!!

You say he used a different names? Who's? How did he get a social security number on a false name? And the most important question did he on any form employment, drivers license, voter registration card ever check the box he was a US citizen?

What about filing taxes?

Borrowing a name is a crime. he just hasn't got caught yet. Run don't walk him to a lawyer. He is in a mess.

[averageguy6 22]

Try to ignore the negative people. I dont know why people act like that....anger I guess. Petty, small little lives that they must have......

Sorry you experienced this.

Good luck!

[Jawaree 718]

If his intention is to ever live in the US call Liz Cannon see what his

options are, the visitors visa is slim to none, but being a minor when he first

entered an atty can sort it out, as long as he has a qualifying relation to file

the petition for him, also all bans may have now expired, so a 221G would

more than likely given after visa refusal for IV.

please be aware in medical emergencies of on dying or death to close family legally in

the US maybe, just maybe a D3 visa can be obtained with concrete evidences ,just

so U know, right now he does not qualify for that, but one never knows, he now own biz time

passed,or the CO he gets;very rare but it has happened for a tourist visa. Best U speak to atty

[kzielu 1,149]

Borrowing a name is a crime. he just hasn't got caught yet. Run don't walk him to a lawyer. He is in a mess.

I don't think there's a reason to - if he wanted to was eligible to immigrate - yes. To vist - he is never going to get tourist visa. Ever. Want to visit - go see him in his country.,

[Pitaya 2,577]

Thank you for your wonderful response. I thought this too. And since I am here, I ahve another question. My husband is a recent us resident, from feb, and I am a US citizen. He wanted to see if we can bring his mother here. How would we go about doing that? She is about 56 and has never worked. She has a farm and animals she tends, so she probably won't want to come for a long time, but we wanted to see if through her we can bring my husband's other brothers and sisters. Any advice?

Here are some general information guides from the VJ Guides:

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

He needs to be a USC to bring a parent to the US:

http://www.visajourney.com/content/immigration-parents-overview

[NigeriaorBust 4,087]

Your brother in law screwed up when he didn't leave as ordered. By choosing to stay he is banned from the US for at least 10 years from when he left. Parents don't qualify to file a hardship waiver for adult children so there is at least a 10 year wait. ( short of the D3 if your hubby is doing to die almost immediately ) If he committed other crimes while he was ignoring immigration law and the court order it is probable that he has earned himself a lifetime ban. We are not to blame for your brother in laws actions he is. Being angry does not change the consequences of sticking your nose up at the law then expecting a free pass. He doesn't deserve it. Most of here a highly into doing the right thing immigration wise and are rather disgusted at people that think they are above doing things the right way

[Justine+David 218]

Applying for a visitor's visa is kind of a snowball's chance in you know where, IMO. Your brother in law will be coming from a high-fraud country plus he already showed that he "wants" to live in the US by crossing the border without a proper visa. Why would any CO let him in?

I understand that from his perspective, he will not live here because his wife wants to stay in her home country. But US immigration doesn't care about this...nor will they be inclined to fully believe him.

I'm sorry that he was treated so horribly US immigration, that is never okay. But I think his chances of a visitor visa are nil. He can try if he wants and has the extra $$.

[JDGam 6]

Thank you, but I have found out that a LPR can petition married children as well as petition parents. I asked a friend who is an LPR and brought her mother over. It took about 3 years, same wait time to become a US citizen. Thanks for your input. I am also confused about the lack of a time frame on the court documents. DOES ANYONE KNOW IF IT MATTERS? Why isn't there a "departure by" date?

First your spouse would have to be a citizen (3 years if you stay married). Then he petitions the mother (1 year). She then petitions the unmarried children (an LPR cannot petition married children) and waits (children under 21) a couple of years or (children over 21) about seven years. She must maintain her residency the entire time and if the children marry they lose the petition. So all in all for children under 21 about 6 years total from now and children over 21 about 11 years from now......if things stay about the same as far as immigration goes.

As to the brother-in-law very unlikely he will obtain a tourist visa. It is unknown if he has a ban (the whole turning 18 while in detention sort of confuses things) but it didn't help he didn't leave when he was supposed to and that he worked without authorization. All he can do is try.

[Justine+David 218]

Thank you, but I have found out that a LPR can petition married children as well as petition parents. I asked a friend who is an LPR and brought her mother over. It took about 3 years, same wait time to become a US citizen. Thanks for your input. I am also confused about the lack of a time frame on the court documents. DOES ANYONE KNOW IF IT MATTERS? Why isn't there a "departure by" date?

This is not true. Please see this link for further details:

http://www.visajourney.com/content/immigration-parents-overview

Your husband needs to be a US citizen before he petitions his mother. She may petition her children as an LPR, although she would need to be able to sponsor them financially. Will she be working in the USA?

[JDGam 6]

Thank you. And no I dont ignore the negative comments. I report them to the administrator and I get them removed. ? I encourage everyone to do the same.

Try to ignore the negative people. I dont know why people act like that....anger I guess. Petty, small little lives that they must have......

Sorry you experienced this.

Good luck!

[belinda63 3,039]

I refer you to http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html. There is no category for parent of an LPR therefore an LPR cannot petition their parent.

There is no category for married children of an LPR therefore an LPR cannot petition their married children. Also look at the instructions for the I-130 http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf there is no way for an LPR to petition for parents or married children.

If you want to believe your friend over the Department of State and USCIS feel free to have your spouse file for his mother. They will gladly take his money.

[onye uwaoma 131]

I am beginning to wonder if you have the power to control people's opinion. Joke apart, are you really reporting any post that does not fit into your negative post? What are you turning the visajourney into? Do you know the calibre of people that frequent here on a daily basis? You reported that your brother in-law fraudulently work here after being ordered to leave the country and still expect everybody to give you a thumbs up for this nasty revelation... This is ridiculous, I don't get it.

[NikLR 13,228]

I am beginning to wonder if you have the power to control people's opinion. Joke apart, are you really reporting any post that does not fit into your negative post? What are you turning the visajourney into? Do you know the calibre of people that frequent here on a daily basis? You reported that your brother in-law fraudulently work here after being ordered to leave the country and still expect everybody to give you a thumbs up for this nasty revelation... This is ridiculous, I don't get it.

You misunderstand.... You did not see the posts that were removed. There is a way to say "no this isn't possible" without being a total and complete jerk when doing it. Those removed posts obviously were abusive and that is NOT tolerated on VJ. Posts that disagree are fine, the VJ mods make the decision.