NO STATUS FOR THE LAST 12 YEARS!!!!

[edward toro 3]

Hello my friends at VJ's

Here is my problem.

I am a US Citizen. My brother has been living in the states for the last 12 years. He entered with a tourist visa and applied for an asylum. The asylum petition was denied and well he is been living for all this years without a legal status. He is been Paying all his taxes, He also has a clean public record, not even a parking ticket.

I want to petition for him but I don know where to start. Thank you very much for your help.

[aleful 1,905]

Hello my friends at VJ's

Here is my problem.

I am a US Citizen. My brother has been living in the states for the last 12 years. He entered with a tourist visa and applied for an asylum. The asylum petition was denied and well he is been living for all this years without a legal status. He is been Paying all his taxes, He also has a clean public record, not even a parking ticket.

I want to petition for him but I don know where to start. Thank you very much for your help.

you can file for him, the petition will take more than 10 years. he cannot adjust in country, and if he leaves he will be subject to the 10 year ban. you can start by filing the i130.

he should find out if he has a deportation order in absentia. sometimes after a asylum petition is denied, a person might be issued a deportation order.

[edward toro 3]

Thank you very much. This is not my case but it is the case of a very close friend of mine. I posted this for him. It is very sad to see hard working people with family values and ethics and so much love for USA go through this situation.

[Ryan H 3,791]

People in situations like this may need the help of a competent attorney. Unfortunately, that will not come cheap.

[Rob and Jill 82]

It is very sad to see hard working people with family values and ethics and so much love for USA go through this situation.

Breaking the law is breaking the law whether they are hard working people or not. I think it's pretty clear from the description of how the "friend" arrived here that he planned all along to illegally stay in the U.S. Get a lawyer. you'll need it.

[SophWeb 25]

Agree with above.

Edited March 21, 2011 by SophWeb

[Bocajr27 3]

Edward;

It's been a while my friend. Hope you and your family are doing great. In the case of your friends’ brother, I believe Aleful is 100% correct. After his asylum hearing was denied, his attorney should have reserved the right to appeal. If appeal right was granted, he would have had 30 days to either submit his appeal, or to leave the country. These 30 days would not account against him as he is still in asylum proceeding.

However, if he chose not to leave nor to appeal, but rather to lay low hoping immigration laws would change, he is now out of status and here illegally. If he leaves now, he would most definitely have a 10 year ban and an uphill battle to fight. One that is costly and time consuming. He would basically have to file everything you filed (including the I-212) but he will also need the one thing you didn't need....the dreaded I-601 waiver.

Let your friend know of everything you went through before he commits to this process. He might have second thoughts after he knows what's involved. Good luck