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Posted

Hi All,

 

My brother got deported in 2018 and he has a 10 years bar on entering in USA. I would like to file I-130 petition for my brother and his wife. Should I file a petition I-130 for my brother and my brother's wife or I have to wait until his bar of 10 years completed. 

 

Posted

Assuming you're a USC, you could petition him anytime. Depending on the country, it takes upwards of 15+ years to get a green card for siblings. The bar would be over by then. What country are we talking about? What visa did he enter on and why was he deported? 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Posted
30 minutes ago, shilaman said:

Not sure, I have to ask him about more details on that. 

You can file for him now because since it will take 15+ years (or 20+ years if he is from Mexico, India, or Philippines) the 10 year ban will be over.

 

If you are sure he has a 10 year ban and not a lifetime ban it should be ok.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted
On 5/25/2019 at 7:53 PM, shilaman said:

Not sure, I have to ask him about more details on that. 

Keep us posted

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Filed: K-1 Visa Country: Wales
Timeline
Posted

10 year ban suggests an overstay.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
On 5/25/2019 at 6:47 PM, WeGuyGal said:

Assuming you're a USC, you could petition him anytime. Depending on the country, it takes upwards of 15+ years to get a green card for siblings. The bar would be over by then. What country are we talking about? What visa did he enter on and why was he deported? 

 

On 5/25/2019 at 7:43 PM, aleful said:

 

why was he deported?

 

OP, you missed a couple of Qs

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Posted (edited)

.

Edited by WeGuyGal

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Posted
8 minutes ago, shilaman said:

I asked him and his document says he had been removed as a result  of having been present in united state without admission.  he is from india

Without Inspection?  Did he illegally hop the border?

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Filed: K-1 Visa Country: Wales
Timeline
Posted

You just file for your Brother, a wife if he has one when the petition is current, is a derivative.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Ah yes, OP is petitioning for parents and sibling, gets confusing lol

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

 
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