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speedracer2169

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Ok here is the story. My half-brother has been in the states since he was 9. He came here illegaly with his mother. He stay in Houston he is 30 now and as of a year ago is married to a US Citizen. Here is the problem. We have the same father different mothers and my Father began the process a few years ago back in about 98-99. Unfortuantely he became sick and passed away in 2004 and since no one knows the status of the application. My brother hired a lawyer to look into it but I think he may BSing him because it's been almost a year and nothing. I need advice to see how I can proceed with all this and finish where he left off because I don't know where eveything has left. I'm a US born citizen. Thanks
 
First is first, does the lawyer open up his case or petition? what documents your brother has right now?

If your father file a petition on his behalf in somewhere should be a petition for him and it is important to know what happened with it, you can go to the District office with the documents and ask about it, that is the first step at least that your brother's lawyer should do. What exactly the lawyer told your brother, sometimes people think that the lawyer is saying something wrong but is true but since have passed a year and nothing then it is important to know what the lawyer told your brother so we can help you out.

When you say illegaly means that he enter without inspection right? and I am thinking that he is cover by the 245i IF he still has a petition "alive" in his behalf before April 2001. Should be true since your father apply for him on 98-99. It is important to find out your brother petition and then another person should be the new sponsor.

Now about your father, even if the sponsor dies, there is an act that if you submitt a statement about the death of the sponsor the beneficiary can have another sponsor, check this link-almost at the end of the page:
http://www.uscis.gov/graphics/howdoi/affsupp.htm

Your brother must have at least a petition or a notice of action I-797C in his hands, does he?

For more information you can go to your USCIS District Office and look for more info at www.uscis.gov
 
I can't find any of the documentation. We moved a few times during the process and we never found the paperwork. So I don't have anything in my hands and my brother doesn't have anything either since we are 1500 miles apart. My brother has no documents at all but i''l ask him to make sure
 
speedracer2169 said:
Ok here is the story. My half-brother has been in the states since he was 9. He came here illegaly with his mother. He stay in Houston he is 30 now and as of a year ago is married to a US Citizen. Here is the problem. We have the same father different mothers and my Father began the process a few years ago back in about 98-99. Unfortuantely he became sick and passed away in 2004 and since no one knows the status of the application. My brother hired a lawyer to look into it but I think he may BSing him because it's been almost a year and nothing. I need advice to see how I can proceed with all this and finish where he left off because I don't know where eveything has left. I'm a US born citizen. Thanks
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You mentioned that your brother is married to USC. In general, she can file I130, I485 package for your brother. That will be much faster.
 
visaapplicant said:
You mentioned that your brother is married to USC. In general, she can file I130, I485 package for your brother. That will be much faster.
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Yeah that's what I though too but after I think April it doesn't matter they will still deport him and she will have to sponsor him and bring him back. As far as for paperwork he did have something that my father gave to him. It was a document saying something about the processing but he's not sure what happened to that form. I guess I got no choice but to go to INS myself and find out
 
Even if he is marry with a USC she can petition for him but she must file a waiver of extreme hardship and I think he will has to go back to his country of birth and things are more complicated...in any case I think your brother's lawyer should explain all the roads while you can check out at the USCIS office near you.

Good luck,
 
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