Resident Mother sponsoring her Son who's in the US illegaly

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Venus21

Registered Users (C)
I have a question regarding this situation:

Both my mother and I are permanent residents, but my brother is not.
We would like him to get his GC too, but for obvious reasons I cannot sponsor him, only my mother can.
He is in the US at present as he overstayed his nonimmigrant visa which expired about 2yrs ago.
The question is: can he apply for AOS based on my mother sponsoring him or does he have to go back to our home country and apply for a GC there?
And if he came back would he have trouble getting the GC after overstaying his tourist visa for so long?

I would appreciate your advise on the options he might have.

Oh, I almost forgot: he is 22 yrs old and unmarried. Thanks.
 
First of all, if your brother leaves the US, he will be barred from re-entering for 10 years.
Normally, your mother would either file an I-130 for your brother under preference category 2B, or wait until she is a citizen, and file for him under 1st preference. They are currently processing cases from 01JUL97 for preference cat. 2b.

HOWEVER, the fact your brother overstayed a visa beyond 1 year will present some very serious problems.
 
LucyMO said:
a good choice for him - to marry a USC.
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Yeah, well, that's always an option. But we don't want to go that way. We were hoping there is a different legal path that he could take. I mean marrying someone for a sole purpose of getting a GC is plain stupid IMHO.

Any other ideas?
 
Possible solutions...kidding me?

:mad:
Venus21 said:
Yeah, well, that's always an option. But we don't want to go that way. We were hoping there is a different legal path that he could take. I mean marrying someone for a sole purpose of getting a GC is plain stupid IMHO.

Any other ideas?
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Venus21,

Some idea, he shouldn't dare leave the country before he has his status adjusted, unless he plans to come back in 2017, if they would still allow people to even visit the US. My suspicions, we are going to close the borders to any visitors, to protect ourselves from terrorists...:eek:

Your brother is subject to a 10 yr ban, because he overstayed his visa by over 180 days. :mad: He could quality for a visa if he is offered a job by an international organization which offers G4 visa. He can obtain such a visa in the US without leaving for abroad, but the state depart was cutting on this loophole the last time I check, so he might not be eligible to get his G4 visa in the US.:rolleyes: However, if he is offered the job and the institution sends his G4 visa application to any US consulate or home country consulate, they aren't going to deny him this visa, even though he overstayed his previous tourist visa. :( If he is offered an H1-B visa, he will face difficulties with the USCIS, because he overstayed his visa and he clearly came here to work, which he did by screwing the US consulate with the nonsense that he is a tourist. This will ensure that ICE nails him, because H1-B visa is very limited in its scope and USCIS can deny its issurance. ;) With a G4 visa, only in rare circumstances that the visa issuance is denied to the applicant's organization.

With a G4 visa, he can move freely in and out of the US, as long as he is still employed the the organization and his previous visa overstay won't even be mentioned by the US consulate or they can't even deny him this visa, it will be a violation of the statutes which established international organizations which brings personnel to the US on G4 visas.:rolleyes: The only exceptions are people whom it can be proven that they are criminals, terrorists or threat to the US govt, then the US Consulate wouldn't even care that you hold a Phd in Soup Nazi, and a minor concerntration in Bushsm & Cheneysm.:eek:

However, can he lands such a job to save his nuts? :confused: I don't know what are his qualifications, and working for such organizations requires excellent technical knoweldge and significant experience, and I worked for one and competition for positions is beyond human comprehension... :eek:
 
Al Southner said:
With a G4 visa, he can move freely in and out of the US, as long as he is still employed the the organization and his previous visa overstay won't even be mentioned by the US consulate or they can't even deny him this visa, it will be a violation of the statutes which established international organizations which brings personnel to the US on G4 visas.
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You misunderstand the effect of the 3/10 year re-entry bans. They do not affect visa issuance at all; a consulate is legally quite able to issue a non-immigrant (or even an immigrant) visa to a person under those re-entry bars. However, CBP is legally forbidden to admit the individual.
 
Hmm, all this doesn't sound very promising for my brother.
He really wants to go to college and right now his options are limited.
Plus his girlfriend is not a citizen either and it looks like this relationship might lead to something serious so no perspective from this angle.
I just wish there was something I could do to help him but my hands are tied :(
 
I disagree....

TheRealCanadian said:
You misunderstand the effect of the 3/10 year re-entry bans. They do not affect visa issuance at all; a consulate is legally quite able to issue a non-immigrant (or even an immigrant) visa to a person under those re-entry bars. However, CBP is legally forbidden to admit the individual.
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RealC,

Well... when CBP denies someone an entry, the person can call the organization which issued the visa, which will call the State Dept, and the matter will be resolved. How? :confused: State Dept will instruct the CBP to shove it and let the person into the country, because the aggrieved party is the organization needing the skills of the visa overstayer....:rolleyes:

As such, the State Dept will just issue an order detailing the circumstances of the denial and their recommendation that this person be allowed to proceed to his employer, because of the statutes which governs international organizations. :( I worked for one of this institutions and we dealt with such cases almost on a daily basis and each time, we kicked the CBP to the curb because their authority is limited by what the State Dept decides to do, in most cases they sided with the organization and person. I haven't witnessed a case where one of our employee was denied entry into the US, because of previous visa overstay.:eek:

As I said, the employee is issued a card with contacts numbers to the organization, to use in case of problems with immigration or airlines or anything, and the line is staffed 24 hours by capable people who knows who to call in any situation to resolve the matter. In addition, CBP can't deport a person who holds a valid G4 visa.... No No No... it is a big no no no. The CBP officer could be fired for doing such a thing.... :mad: G4 is one powerful visa...dude...:p Unlike other visas, at the POE, you can stand in the line for American citizens and you will be processed into the country without any problems at all, unlike other visas. :D
 
Al Southner said:
State Dept will instruct the CBP to shove it and let the person into the country, because the aggrieved party is the organization needing the skills of the visa overstayer.
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Uh, no. The State Department cannot order any branch of the US government to violate federal law. While DOS may have smoothed over previous visa issues, the re-entry bars are nondiscretionary and cannot be waived.

Any CBP officer who was ordered to admit a person in violation of federal law, refused and was disciplined, could sue for a great deal of money.
 
that's not what I offered. Where did I say - in order to get a green card you should arrange a fake wedding just for the immigration benefits? That's right - I didn't say anything like that. However, we all know the only way for him to ever legalize is to have an immediate USC relative. In his case it could only be a spouse (or in about 21 years - a USC baby). And you know - people do marry USCs for love AND get a GC along the way.

Or he could wait for an amnesty (good luck with that).
 
Heretic said:
First of all, if your brother leaves the US, he will be barred from re-entering for 10 years.
Normally, your mother would either file an I-130 for your brother under preference category 2B, or wait until she is a citizen, and file for him under 1st preference. They are currently processing cases from 01JUL97 for preference cat. 2b.

HOWEVER, the fact your brother overstayed a visa beyond 1 year will present some very serious problems.
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How would he be barred if he left willingly?
I dont see a problem IF your brother left the USA and then applied for legal entry or awaited petition,
Overstaying is usally forgiven once AOS is filed.

If your brother entered the USA LEGALLY then he may be ok, these are questions for an immigration attorney.

www.immigrationcounters.com
 
Bar is set...leaving voluntarily or not...

Addie_Goodvibes said:
How would he be barred if he left willingly?
I dont see a problem IF your brother left the USA and then applied for legal entry or awaited petition,
Overstaying is usally forgiven once AOS is filed.

If your brother entered the USA LEGALLY then he may be ok, these are questions for an immigration attorney.

www.immigrationcounters.com
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Addie,

Yes... if he leaves voluntarily or forced removal, he will still be subject to a 10 year ban. AOS can only be filed in the continental US, overseas isn't going to make any difference. Once he leaves, he is assured coming back in 10 yrs, even if he marries a US citizen and leaves for his home country.

His only hope is the G4 visa, which clearly he won't qualify for or a marriage to a US citizen, which I don't advocate for, especially if one is using this marriage for a greencard..:mad:

Addie... are you now part of the minuteman project? I went to the website which is now part of your signature, and was surprised to find the propaganda of the anti-immigrants crowds. In anyway, this is a discussion for another time... :rolleyes:
 
Addie_Goodvibes said:
How would he be barred if he left willingly?
I dont see a problem IF your brother left the USA and then applied for legal entry or awaited petition,
Overstaying is usally forgiven once AOS is filed.

If your brother entered the USA LEGALLY then he may be ok, these are questions for an immigration attorney.

www.immigrationcounters.com
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You make it sound like the consequences of overstaying a visa are purely theoretical, and were entered into the INA for the fun of it.

Overstays are forgiven by law in immediate relative cases. Correct me if I am wrong, but since the OP's brother would be in a preference category and would have to wait for a visa, he is not an immediate relative.

Besides, it will be years before his priority date is current and he can file for AOS.

The moment he departs the US, voluntarily or not, he will be subject to the bar. That is the law.

Al Southner said:
In anyway, this is a discussion for another time... :rolleyes:
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You're learning. :D
 
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Al Southner said:
Addie,

Yes... if he leaves voluntarily or forced removal, he will still be subject to a 10 year ban. AOS can only be filed in the continental US, overseas isn't going to make any difference. Once he leaves, he is assured coming back in 10 yrs, even if he marries a US citizen and leaves for his home country.

His only hope is the G4 visa, which clearly he won't qualify for or a marriage to a US citizen, which I don't advocate for, especially if one is using this marriage for a greencard..:mad:

Addie... are you now part of the minuteman project? I went to the website which is now part of your signature, and was surprised to find the propaganda of the anti-immigrants crowds. In anyway, this is a discussion for another time... :rolleyes:
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If her son who overstayed his visa was to leave, how would it be known he ever overstayed. Assuming when he re-eners hsi home country he is not "inspected " beyond showing valid passport.

As for your other question.. No I am not part of the minute man project.
And anote on your proganda comment. It is not against LEGAL IMMIGRATION, It is not Anti Immigrant rather anti -illegal immigrant.

I am married to an immigrant, and I have helped many people with advice and completing paperwork to LEGALLY Immigrate to the USA, that is where people like to stir up debate and try to label it as a Human rights or Anti immigration issue when it is clearly about follow the laws of this nation. It is about Advocating LEGAL Immigration. But yes another time.

how is your process going?
 
Addie_Goodvibes said:
If her son who overstayed his visa was to leave, how would it be known he ever overstayed. Assuming when he re-eners hsi home country he is not "inspected " beyond showing valid passport.
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Record of his previous visa will certainly show up in their systems. If he didn't surrender his I-94 at time of departure, there will be no record of it, and they will assume he just departed then. He will have the burden of proof to demonstrate he didn't overstay. CBP isn't run by total idiots. :D
 
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Clarity...

;)
Addie_Goodvibes said:
If her son who overstayed his visa was to leave, how would it be known he ever overstayed. Assuming when he re-eners hsi home country he is not "inspected " beyond showing valid passport.

As for your other question.. No I am not part of the minute man project.
And anote on your proganda comment. It is not against LEGAL IMMIGRATION, It is not Anti Immigrant rather anti -illegal immigrant.

I am married to an immigrant, and I have helped many people with advice and completing paperwork to LEGALLY Immigrate to the USA, that is where people like to stir up debate and try to label it as a Human rights or Anti immigration issue when it is clearly about follow the laws of this nation. It is about Advocating LEGAL Immigration. But yes another time.

how is your process going?
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Addie,

For mine, things are going very well. :) Thanks for asking. ;) OH...thanks for clarifying on the website, I guess I am weary of websites which tend to spin the impact of illegal immigration. Not that I advocate illegal immigration, but when the people are here, then we ought to find a way of dealing with them in a humane way. We should have a topic on this in weeks to come, so that we can have parallel discussion at the same time with Congress.:D

Addie.... if you remember in the AOS process for your spouse, she was required to submit a copy of the Arrival/Departure record (I-94). Each non-immigrant coming to the US is issued one, and when you leave you better ensure that the airlines representative takes it from your passport before you board the planw, in that way CBP or USCIS is able to process your departure from the US.

Moreover, should anyone leave the US without returning this card, he accumulates illegal presence in the US because USCIS has no way of knowing that you left the country, and cannot process your departure from the US. So, for anyone who leaves without returning the I-94 card is akin to committing suicide for future visa issuance.:eek: Hope this helps...;)
 
Great discussion people, I'm learning a lot here.

I just thought about something: when leaving the US you have to turn in your I-94. But what if - just hypothetically - you lost it. They clip it to your passport with some cheap stapler so lets say it fell off. What now?
Obviously you can't give it back on departure so how will they know that you overstayed? Of course they will have your passport swipe in the system for a while but for how long? How can they prove to you later on that you overstayed?
And - like someone mentioned before - keeping accumulating time in the US makes no sense if you are not physically present! You can go to a US consulate in your home country and say - "hey, how can I be there if I'm here" right?

Just some crazy idea...

Has anyone actually had a situation like that? Wanted to leave the country without their I-94??
 
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