**I-130 Filing for Brother and Deportation issues****

[Patel_83 0]

I filed for my brother who live in India in 2001. The priority date is coming up in 3-6 months. He tried to come to US illegally before 10 years ago. He got deported once from USA. Someone told me that Mumbai Consulate requires a Waiver from USA due to deportation. The law says that 10 years, the records it will automatically be removed. Is this True? Why in the heck does Mumbai Consulate needs this stupid. They are making their own rules.

Its a 12 month process to get a waiver with $1500 just in fees.

Can anyone please help?? Its a complicated issue.

Thanks.

-Prakash

[together4evr 360]

You need to look at immigrate2us.net they will have the best answers

[NigeriaorBust 4,087]

If your brother overstayed by more than a year he incurred a 10 year ban starting when he left. To come back before that time you would have to file a hardship waiver. However I have never heard of a hardship between siblings. So I really think he will not get the visa before the 10 years have expired.

[aaron2020 11,651]

I filed for my brother who live in India in 2001. The priority date is coming up in 3-6 months. He tried to come to US illegally before 10 years ago. He got deported once from USA. Someone told me that Mumbai Consulate requires a Waiver from USA due to deportation. The law says that 10 years, the records it will automatically be removed. Is this True? Why in the heck does Mumbai Consulate needs this stupid. They are making their own rules.

Its a 12 month process to get a waiver with $1500 just in fees.

Can anyone please help?? Its a complicated issue.

Thanks.

-Prakash

The Mumbai Consulate needs it because your brother broke US immigration laws and got deported. People who don't break the law and get deported don't have this stupid problem. The only reason this stupid problem exists is because your brother broke US laws and got deported.

[Patel_83 0]

Thanks for the reply back.

He was deported more than 12 years ago. The timeline is finished. But to Mumbai will still ask for the waiver? I am assuming.

Does he really need the Hardship waiver??