Need Advice: Brother With Approved Petition Detained at Border

[Franklyn2k 0]

My brother was recently detained by Customs while returning from South Padre Island, and I’m very worried about what this means for his immigration case. For context, we came on a B2 visa and we all filed for asylum together in 2017, which allowed my siblings to get work permits while the case was pending. I later got my green card in 2019, but not through the asylum case. After I joined the military and naturalized, I petitioned for my parents, and since they are immediate relatives, they were able to become lawful permanent residents within months. I did not petition for my siblings because I knew siblings of U.S. citizens are not considered immediate relatives and the wait times are extremely long. Instead, we thought it would be faster for my parents to petition for them once they became green card holders, or eventually citizens. On our lawyer’s advice, my parents filed I-130 petitions for my siblings under the F2A/F2B categories in September 2021. Those petitions were approved in October 2024, and when that happened the asylum case was closed. Since then, my siblings have been out of status, and earlier this year my lawyer told us they could no longer renew their work permits. Looking back, it feels like following the asylum route might have been better, because at least they would have maintained work authorization while waiting. Now, after this detention, I’m really concerned about what options are left for him and whether our lawyer’s strategy hurt his case. Has anyone been through something similar, or can explain if there’s any way to fight a potential removal and keep his path to a green card alive?

[OldUser 10,228]

Are you sure the person was a lawyer?

Even regular folks on Visa Journey know petitions for adult children don't work for people who overstayed. They're not considered immediate relatives and need to be in valid status or better outside the US while their I-130s are pending...

 

Asylum (if real) was a much better choice for oversayed adults.

[TBoneTX 47,675]

What country is your brother from?

[Franklyn2k 0]

Nigeria

[TBoneTX 47,675]

I was going to say that asylum status for Venezuela, Haiti, and others was revoked earlier this year, and that asylees from there are leaving the U.S.

 

Your brother should have an attorney highly experienced in asylum matters and who is familiar with these rather uncharted new waters of revised asylum policies.  There's no "bright line" advice that any of us can really give you, unfortunately.

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Thread is moved from the DCF forum to the General Immigration Discussion forum.

[Boiler 47,680]

OP pmd me

 

Seems the plan was to do Consulate processing

 

As far as I can tell both the Brothers are here out of status. Not sure why the younger one was not detained

[Franklyn2k 0]

only one sibling went was driving at the time, the other was not in contact with customs and border patrol. But yes, both are out of status

[Boiler 47,680]

Voluntary Departure, difficult to comment as there is so much unknown. As I mentioned he needs a Deportation Lawyer now.

 

Wonder why the younger Brother was not detained. Anyway it is what it is.

[Crazy Cat 44,887]

56 minutes ago, Franklyn2k said:

But yes, both are out of status

This is not a good time to be out of status for ANY reason.  A deportation can mean a very difficult path back to the US.  This is well outside the scope of a DIY site. 

[PGA 339]

18 hours ago, Franklyn2k said:

My brother was recently detained by Customs while returning from South Padre Island, and I’m very worried about what this means for his immigration case. For context, we came on a B2 visa and we all filed for asylum together in 2017, which allowed my siblings to get work permits while the case was pending. I later got my green card in 2019, but not through the asylum case. After I joined the military and naturalized, I petitioned for my parents, and since they are immediate relatives, they were able to become lawful permanent residents within months. I did not petition for my siblings because I knew siblings of U.S. citizens are not considered immediate relatives and the wait times are extremely long. Instead, we thought it would be faster for my parents to petition for them once they became green card holders, or eventually citizens. On our lawyer’s advice, my parents filed I-130 petitions for my siblings under the F2A/F2B categories in September 2021. Those petitions were approved in October 2024, and when that happened the asylum case was closed. Since then, my siblings have been out of status, and earlier this year my lawyer told us they could no longer renew their work permits. Looking back, it feels like following the asylum route might have been better, because at least they would have maintained work authorization while waiting. Now, after this detention, I’m really concerned about what options are left for him and whether our lawyer’s strategy hurt his case. Has anyone been through something similar, or can explain if there’s any way to fight a potential removal and keep his path to a green card alive?

I'm just gonna ask here. How on Earth does someone, or multiple people in this case, apply for a tourist visa and then wait 6, 8, 10 months for an interview to "escape some fear of threat from their government, etc.," get approved for a tourist visa and then claim "asylum?" 

 

As a side note here, my Peruvian wife has been watching the case of the Peruvian with the food truck that was recently put in "Alligator Alcatraz," who apparently is also claiming "asylum" and I'm sorry, I lived in Peru for 12 years and there is no more danger (probably less actually), than living in Chicago. Even many Peruvians think this is fraud. 

[Cathi 5,862]

Self deportation would be best for those still here without status. This administration isn't screwing around and being deported is far worse than leaving on their own. Either way, not a DIY case.

[TBoneTX 47,675]

I spoke with someone who's been quite familiar with similar situations, and the answer is that there's no way out of this.  Accordingly, voluntary self-deportation is the least "harmful" of the remaining options.