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trekker80

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  1. Hello. I need help. A very close friend of mine is from Brazil, he

    came to the country with his mother and brother when he was 15 years

    old, back in 1998. His mother filed an I-485 application for him at

    that time, to get his permanent residence.

    His I-485 was denied, because he was arrested back in 2002, for

    carrying a fake photo id to sneak into a 21+ year old club. The

    charges were eventually dropped. The UCSIS found out about the

    arrest, and requested proof that the charges were dismissed (dispoition

    letter, i believe). He experienced major delays getting the requested

    documentation, and too much time lapsed, and thats when the i-485 got

    denied.

    He hired a lawyer, who said he'd take care of it by ... by requesting a motion to reopen.

    So my friend stopped following up, and let the lawyer handle

    everything... And now here we are 3 years later, we find out that

    this I-485 application was never reopened!!

    So we saw a new lawyer today, and she said, his mother would have to

    file an I-130 form, and basically start from scratch. Now for my

    question...

    I looked into the I-130 and I understand its purpose. Our new Lawyer

    says he is now considered "out of status" (illegal alien!). Because of this can his mother

    successfully file an I-130, while my friend is still in the country,nunder this illegal alien status?

    Have you heard of someone (a relative) filing a i-130 for an individual who

    is still in the country but classified as "out of status"?

    All of his family is here, he's been in this country for 10 years...

    For him to go back to Brazil, not knowing anyone, to be alone, is

    just unimaginable!

    We plan on meeting with our new lawyer next week, but in the mean time,

    I thought I'd researcht this as much as I can.

    If anyone is familiar the the I-130, or this process, I welcome your insight. Thank you!!

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