Franklyn2k

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

Nigeria

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?