Brother with a expired visa

[eltopo 0]

I am a US Citizen and my brother came to the US with a visitors Visa but it already expired three years ago so he decided to stay here. I am wondering what the process would be to help him out to fix his status.

[belinda63 3,038]

Unless he knows a US citizen female who will marry him, I mean a real marriage, there is nothing to be done to "fix his status". He has overstayed and has no path to become legal (except maybe refugee depending where he is from).

[hmh33 117]

I am a US Citizen and my brother came to the US with a visitors Visa but it already expired three years ago so he decided to stay here. I am wondering what the process would be to help him out to fix his status.

Depending on his age he might be eligible for the new "deferred action", which would get him the ability to work and travel and stands some chance of eventually turning into an amnesty?

Edited November 15, 2012 by hmh33

[kzielu 1,149]

I am a US Citizen and my brother came to the US with a visitors Visa but it already expired three years ago so he decided to stay here. I am wondering what the process would be to help him out to fix his status.

Leaving the US is really the only thing he can readily do to fix his status.

[The Mean Lady 604]

Unless he knows a US citizen female who will marry him, I mean a real marriage, there is nothing to be done to "fix his status". He has overstayed and has no path to become legal (except maybe refugee depending where he is from).

I don't even think that would fix it

[LeftCoastLady 441]

Depending on his age he might be eligible for the new "deferred action", which would get him the ability to work and travel and stands some chance of eventually turning into an amnesty?

That would only be an option if he arrived in the U.S. before age 16 along with the other requirements:

You may request consideration of deferred action for childhood arrivals if you:

Were under the age of 31 as of June 15, 2012;

Came to the United States before reaching your 16th birthday;

Have continuously resided in the United States since June 15, 2007, up to the present time;

Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

[Darnell 8,478]

ya, is he eligible to file for deferred action, or no ?

[aleful 1,905]

ya, is he eligible to file for deferred action, or no ?

nope

he has to have entered the US before the age of 16, max 30 years of age, tops, but where for sure he doesn't qualify is proof of have living here in the US for the last 5 years, as of June 2012, and never left since he was a child or teenager.

he only overstayed 3 years ago.