Can US citizens file for siblings to have green card while family on asylum case?

[Jorolove 1]

Sister is a US citizen but her brother entered US through USCIS Mexico border, no I-94 was given. Can sister file for brother and wife and kid to get green card? 
Brother has just filed for Asylum and received a Notice letter below. However, another person received a biometric letter and was told that his asylum case is pending. 
Below is the brother notice letter and he is concerned that he might be on removal case?

[OldUser 6,602]

4 minutes ago, Jorolove said:

Sister is a US citizen but her brother entered US through USCIS Mexico border, no I-94 was given. Can sister file for brother and wife and kid to get green card? 
 

No, brother cannot adjust in the US, he's likely inadmissible.

Sister cannot file for his whole family either.

[SteveInBostonI130 3,432]

1 hour ago, Jorolove said:

Sister is a US citizen but her brother entered US through USCIS Mexico border, no I-94 was given. Can sister file for brother and wife and kid to get green card? 
Brother has just filed for Asylum and received a Notice letter below. However, another person received a biometric letter and was told that his asylum case is pending. 
Below is the brother notice letter and he is concerned that he might be on removal case?

Sister can submit and I-130 for him and his family for consulate processing.  He will need to return to Mexico (or his home country if not Mexico) with his family to complete the process, barring any issues with bans due to overstay or illegal entry.

 

If he is Mexican, it will take over 22 years to get an immigration visa, at which time his children would most likely age out.  Is he is from another Latin American country it will take over 15 years, at which point his children may or may not age out.

Edited December 3, 2022 by SteveInBostonI130

[Boiler 45,442]

Sister can on;y file for Brother, spouse and children come into play when the PD is current which will be no time soon.

 

It does not have any current benefit, however no harm and you never know so do it.

[Jorolove 1]

Can the sister apply for the brother? And can the brother remain in the US while waiting for his visa to be available or priority date? I knew someone who applied for a brother after the brother was denied asylum. The brother has TPS,  and that sister applied for the brother and the the brother is still living the US while waiting for his priority date.

[Boiler 45,442]

2 minutes ago, Jorolove said:

Can the sister apply for the brother? And can the brother remain in the US while waiting for his visa to be available or priority date? I knew someone who applied for a brother after the brother was denied asylum. The brother has TPS,  and that sister applied for the brother and the the brother is still living the US while waiting for his priority date.

TPS is supposed to be Temporary and does not in itself provide Status.

 

Edited December 3, 2022 by Boiler

[Family 3,988]

1 hour ago, Jorolove said:

Sister is a US citizen but her brother entered US through USCIS Mexico border, no I-94 was given. Can sister file for brother and wife and kid to get green card? 
Brother has just filed for Asylum and received a Notice letter below. However, another person received a biometric letter and was told that his asylum case is pending. 
Below is the brother notice letter and he is concerned that he might be on removal case?

The brother is Definitely in Removal and if the family crossed the border together, so is wife and child. 
He should immediately call EOIR or do online search to find out when his next hearing will be held, as well as update the address for each of them https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/

This will also get his case transferred to the immigration court near where he lives.

His asylum case will be heard by the Immigration Judge so best he gets an attorney to help him. No matter how it plays out , he should not leave the country without finishing out the court case….
 

Sister can file the I-130 now , more as a show of equity ties to US but no possibility of anything happening for a couple of decades.

 

[Family 3,988]

29 minutes ago, Jorolove said:

asylum. The brother has TPS,  and that sister applied for the brother and the the brother is still living the US while waiting for his priority

Ahh, so I ca; safely assume you were not talking about Mexican Asylum…

[Family 3,988]

32 minutes ago, Jorolove said:

date? I knew someone who applied for a brother after the brother was denied asylum. The brother has TPS,  and that sister applied for the brother and the the brother is still living the US while waiting for his priority date

Guessing here your friends are from some newly designated TPS country…and if these new friends qualify, they should apply for TPS asap…some TPS designations are indeed decades old, so good chance for a stable future 

[Jorolove 1]

38 minutes ago, Family said:

The brother is Definitely in Removal and if the family crossed the border together, so is wife and child. 
He should immediately call EOIR or do online search to find out when his next hearing will be held, as well as update the address for each of them https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/

This will also get his case transferred to the immigration court near where he lives.

His asylum case will be heard by the Immigration Judge so best he gets an attorney to help him. No matter how it plays out , he should not leave the country without finishing out the court case….
 

Sister can file the I-130 now , more as a show of equity ties to US but no possibility of anything happening for a couple of decades.

 

I am replying to get more clarification. So the sister can apply for her brother while he is in removal and is waiting to appear before a judge? The US immigration let him crossed the mexico border to seek asylum. I just want to know if the sister can file I-130 for him and his wife and kid. If yes, if he can stay in the US while waiting for his immigrant visa to be available?

[Boiler 45,442]

Sister filing has nothing to do with his Legal proceedings, all it basically does is show the sibling relationship and out him in the queue.

 

Staying or not depends on the Asylum claim.

[Family 3,988]

36 minutes ago, Jorolove said:

ago, Family said:

The brother is Definitely in Removal and if the family crossed the border together, so is wife and child. 
He should immediately call EOIR or do online search to find out when his next hearing will be held, as well as update the address for each of them https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/

This will also get his case transferred to the immigration court near where he lives.

His asylum case will be heard by the Immigration Judge so best he gets an attorney to help him. No matter how it plays out , he should not leave the country without finishing out the court case….
 

Sister can file the I-130 now , more as a show of equity ties to US but no possibility of anything happening for a couple of decades.

 

I am replying to get more clarification. So the sister can apply for her brother while he is in removal and is waiting to appear before a judge? The US immigration let him crossed the mexico border to seek asylum. I just want to know if the sister can file I-130 for him and his wife and kid. If yes, if he can stay in the US while waiting for his immigrant visa to be available?

Sister can apply for her brother now but it will not give him a solution to stay in the US while waiting for his immigrant visa. 
Brother and family can stay in the US as long as the court case lasts. If he wins asylum , he has path to green card. If he loses and is also refused  withholding , then IJ orders removal….IF he has TPS, he can stay anyway….
But too many IFS ..here since you are not providing country specific info…

[Jorolove 1]

51 minutes ago, Family said:

Sister can apply for her brother now but it will not give him a solution to stay in the US while waiting for his immigrant visa. 
Brother and family can stay in the US as long as the court case lasts. If he wins asylum , he has path to green card. If he loses and is also refused  withholding , then IJ orders removal….IF he has TPS, he can stay anyway….
But too many IFS ..here since you are not providing country specific info…

Haiti 

and people are being killed and burned every day due to political issues 

[Boiler 45,442]

Did they enter before the TPS designation?

[Family 3,988]

You may have other friends that were perhaps paroled in under Haitian Family Unity Reunification, but that would have required an I-130 filed before 2014. Details in link.

 

Since the brother and family are recent arrivals, they’re only option is to put on a strong asylum…but it’s very difficult and I believe they approved 200 cases out 4,200 applications recently. 
 

https://www.uscis.gov/humanitarian/humanitarian-parole/the-haitian-family-reunification-parole-hfrp-program