What is the next step for my brother and his wife?

BroNeedsStatus

New Member
My brother currently has no status in the US. He has lived here illegally for approx 17 years. We came here when he was underage with our parents. He is approx 30 years old now, and is a Canadian Citizen by birth. He has been married for approximately one year. His wife is a permanent resident and lived in the US for approximately 7 or 8 years.

He consulted with an 'immigration attorney' earlier this week and the attorney was more of a do it all family, civil, etc attorney who wanted to charge him $1500 - but was enlisting the help of another, more knowledgeable (in immigration matters) attorney to help him out. This became obvious when, at the first appointment, my brother and a more experienced (outside & unaffiliated) attorney were on speakerphone discussing the details of what his immigration needs were, with a paralegal and/or office assistant mediating the call.

I basically advised him that he needs someone HIGHLY EXPERIENCED in immigration law - that is one of the primary reasons to retain an attorney for immigration purposes - so that with his or her professional experience and guidance, the desired outcome is much more likely to be achieved... and all this will be more like to be done in a proper and efficient manner.

We are in suburban Chicago, so finding the right lawyer shouldn't be a big issue. However, before he goes on a consult with a proper 'immigration only' attorney, I thought I might post here for advice on the proper steps for him to take, and then I would direct him to this thread so that he knows what he is in for.

1) The wife's case seems to be cut and dry, even the experienced attorney said she could apply for Naturalization on her own fairly easily - so that is what must be done there. Any recommendations as to why to do this on their own and/or use an attorney.

2) Will my brother need to wait until his wife's Naturalization is compete before taking any action on his status, or can he begin immediately?

3) What are the proper forms and or actions that my brother should take at that time?

4) Would it be a wise investment to go ahead and allow the attorney to handle both individuals together (at a significant additional cost) even though the wife's paperwork seems quite clean and simple?

Thanks in advance for any input / advice. By the way this is a great forum; thanks to all who contribute. I have referred more than a few people here over the years and they have always gotten good advice!
 
The question is how did your brother come to the US? If he was inspected at POE I believe he can AOS after his wife naturalizes. Your sister in law should just file her n400 and when she naturalizes, she can file AOS for your brother if he came legally. His illegal stay will be forgiven.
 
Upon entering the US he was 13 years of age and did not have a passport. I am not 100% sure what my parents stated upon entry (I can check with them if need be), but I am sure they didn't say they were planning on staying in the US for an extended period of time...
 
well, you need to find out if he has any proof of his entering the country with an inspection. If he wasn't inspected - he can't get a GC without leaving the States. As soon as he leaves the States, a 10 year ban on entering the US will kick in.
 
well, you need to find out if he has any proof of his entering the country with an inspection. If he wasn't inspected - he can't get a GC without leaving the States. As soon as he leaves the States, a 10 year ban on entering the US will kick in.

Oddly enough, I did not realize this. I am assuming this is true irrelevant of marriage to a permanent resident (who will hopefully become naturalized sooner rather than later).

Obviously I will suggest they contact an attorney who specializes in immigration - but will the marriage have any relevance to her becoming naturalized (seeing that he is an undocumented alien)?
 
well, you need to find out if he has any proof of his entering the country with an inspection. If he wasn't inspected - he can't get a GC without leaving the States. As soon as he leaves the States, a 10 year ban on entering the US will kick in.

He is Canadian. If he did not get i-94 at POE then he may not be subject to the 10 year if left the country.
 
He is Canadian. If he did not get i-94 at POE then he may not be subject to the 10 year if left the country.

Yup. As a Canadian it is likely he was inspected and didn't need a passport or get an I-94. Marriage to a US citizen and a subsequent adjustment should be quite doable.

But he needs a competent attorney who deals with Canadians.
 
Yup. As a Canadian it is likely he was inspected and didn't need a passport or get an I-94. Marriage to a US citizen and a subsequent adjustment should be quite doable.

But he needs a competent attorney who deals with Canadians.

Thanks for your input.

A competent attorney is obviously in order. Since my sister in law is still a permanent resident, it would make sense to me that she will she need to become naturalized before any action on my brother's status? Is my assumption likely to be accurate?

As I type I am guessing the whole thing should just be put in the hands of a good attorney who hanles these matters...
 
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