Deportation and Filing I-130 and waiting...

[Lamiah 0]

I've fallen in love with this forum. It's so informative and I admire the respect and patience posters have towards each other here.

And with that.... I have a very specific question.

MY mother is in the process of becoming a U.S. Citizen. She only had to wait three years to apply after her green card (permanent residency) and not 5 since she is married to my stepdad who is a U.S. Citizen by birth. Anyways, in June 2009, she filed a I-130 for my brother who was deported to Pakistan in July 2008 because he overstayed and all his appeals to the 7th circuit court were rejected. It was a really complicated case and his files were put on hold and when we reapplied, turns out he was over 18 and it was too late. There are also other reasons behind the deportation, none of which my brother was responsible for but let's leave it at that.

Since he was deported, they also placed a 10 year ban on him. We currently have a lawyer who helped us file the I-130 due to the complications of this case. My mother will be going for her interview in a month, so I'm assuming she will become a citizen soon enough (in the next 6 months). Our main concern is the wait my brother will have to endure. My mother filed as a permanent resident, so becoming a citizen will decrease the wait for my brother, but I heard not by much. Then there is also a waiver we need to worry about, which removes the ban he is under. I was wondering if anyone can relate or knows someone who can to this complicated situation. Will the wait be more than 5 years? PLEASE NOTE: My brother is not under 21, therefore he cannot be placed in the "immediate relative" category either. Also, he isn't married and I realize marrying a U.S. citizen (his girlfriend) WILL put him in the immediate relative category, but then there are more restrictions, and complications such as the wife proving extreme hardship, having joint bank accounts, must lived in Pakistan for at least a certain amount of time, etc. We were suggested by our lawyers to wait. But does anyone know... how long the wait really will be? OR any suggestions at all? Thanks.

[Anh map 2,098]

The reasons for the deportation and accompanying ban will have to be addressed regardless of who he may marry in the future. If the immigration attorney who knows all of the facts advises to wait, that seems to be the best course of action.

Without knowing the facts surrounding the deportation it will be difficult for anyone on VJ to give pertinent advice. If you have a good attorney, follow their guidance.

[aaron2020 11,651]

The reasons for the deportation and accompanying ban will have to be addressed regardless of who he may marry in the future. If the immigration attorney who knows all of the facts advises to wait, that seems to be the best course of action.

Without knowing the facts surrounding the deportation it will be difficult for anyone on VJ to give pertinent advice. If you have a good attorney, follow their guidance.

Even if the petition by your mother gets approved and is forwarded to the US embassy, your brother will not be eligible for a visa because of the 10 years ban. The ban is to prevent the person from entering the US for 10 years. It's highly unlikely that your brother would get a visa when the petition becomes current. I suspect this is why your lawyer suggested waiting so the petition becoming current in the F1 category can be coordinated with the expiration of the ban.

Marring a US citizen does not lift the ban on your brother. Lots of US citizens have spouses living in other countries because the spouse was deported and subject to a ban.

[Lamiah 0]

The reasons for the deportation and accompanying ban will have to be addressed regardless of who he may marry in the future. If the immigration attorney who knows all of the facts advises to wait, that seems to be the best course of action.

Without knowing the facts surrounding the deportation it will be difficult for anyone on VJ to give pertinent advice. If you have a good attorney, follow their guidance.

Even if the petition by your mother gets approved and is forwarded to the US embassy, your brother will not be eligible for a visa because of the 10 years ban. The ban is to prevent the person from entering the US for 10 years. It's highly unlikely that your brother would get a visa when the petition becomes current. I suspect this is why your lawyer suggested waiting so the petition becoming current in the F1 category can be coordinated with the expiration of the ban.

Marring a US citizen does not lift the ban on your brother. Lots of US citizens have spouses living in other countries because the spouse was deported and subject to a ban.

The lawyer told us to wait rather than go ahead and try to work marriage into the situation. This July 5, 2009, it will be exactly a year that my brother has been deported since. This leaves 9 more years, but my mother becoming a citizen doesn't speed up the time at all? And even if it does, it wouldn't matter since the ban is there so technically he has to wait 9 years regardless? I know during the waiver, we will show extreme hardship which is usually tough but we have strong points such as the status of the country and what he's dealing with over there, my mother's serious health conditions, and financial instability because there is literally no incoming coming into the family besides my 15 hours a week. etc etc etc. I'm thinking, wouldn't the waiver lift the ban if extreme hardship IS proven?

[LIFE'SJOURNEY 970]

Lamiah, anone living in a third world country can claim the same extreme hardship. So, the answer to your question would be NO. A ban will not be lifted is extreme hardship is claim or proven.

[aaron2020 11,651]

Lamiah, anone living in a third world country can claim the same extreme hardship. So, the answer to your question would be NO. A ban will not be lifted is extreme hardship is claim or proven.

Agreed. Almost anyone from a third world country can show hardship due to poverty, dictatorships, discrimination or danger because one has family in America, etc. None will fly unless you can show someone is going to die under the hardship rule. Life is difficult whether you're in the US or not.

Having an able body man provide more income to your family if he could immigrate to the US is not going to fly either. Anyone in the US could benefit from such a person coming to the US to work and contribute his earnings.

Poverty is not a hardship in the eyes of the USCIS. Lots of poor people in the US. Lots of poor people all over the world. It is a hardship, but not one valid to overcome an immigration ban.

Do what you attorney advises. You are reaching too hard to find a way to get around the ban. People get punished for being here illegally. I presume your attorney has years of experience in immigration law. If there was a way, he/she would have told you.