filing for a green card?

sergiofar

Registered Users (C)
:confused: I have a brother (not a blood relative but rather a close family friend). He has recently moved to Las Vegas NV (within the past year) he used to live in Tijuana Mexico. He has been married for about 5 years to a permanent resident, she has since become a US citizen (within the last few months). My question is they are in the process of filing a petition I-130 I believe. He wants to know wether he can file living in the US or does he have to leave the country and file through Mexico. I filed for my wife while she was in Mexico and it took about a year for the whole process. I have been told that if he files while in the US he can get his work permit, and SSN quicker although he will not be able to travel outside until he receives his green card (assuming his case is approved) and he will have to pay a fine. Is this correct? he entered the country with a Visa, so I believe technically he did not enter the country illegally. Any info would be appreciated :confused:
 
If he is married to a USC then the USCIS cannot penalize him for overstaying his visa, and there will be no fine. However he should not attempt to leave the country or apply for advance parole while his AOS is pending, because most likely he will be banned from the country on attempting to re-enter. His best bet is to file for AOS now from the US.
 
Top