Legal Question in Immigration Law in Florida

You can file an Alien relative petition, as a first step.

When approved and when the priority date is current, your brother might be able to immigrate.

It will take at least 10-11 years, or even longer depending on your brother's country of birth.

During the pendency of the immigration process, a brother can;t stay in USA. If he does, and arrested by ICE, he can be deported.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

Since your brother was lawfully admitted into the United States, under the current law if he marries a U.S. citizen (for love and affection) then he could seek to have his overstay forgiven and obtain a green card without having to depart the U.S. So, my question would be does he have a U.S. citizen fiancee?

My second question would be how long has your brother been in the U.S. since the date his stay expired (as noted on his I-94 Departure Record)? He must count the days so that he's not here more than 180 days out of status; doing so and departing can subject him to the 3 Year Bar of Re-entry. Staying in the U.S. for 1 year or longer out of status AND departing can subject him to a 10 Year Bar.

My third question is whether your brother ever had a petition for U.S. immigration filed for him (or for one of his parents) before April 30, 2001? Your answer to this question may determine whether he has other protection under the law.

So, because you could petition for your brother as a U.S. citizen, when his is available many years in the future he would be required to depart the U.S. to obtain his Immigrant Visa (similar to a green card, but obtained at a Consulate). Since he would be required to leave the U.S. based on a petition filed by you, he would be subject to one of the Bars and would then need what is called a Waiver based Hardship to a qualifying U.S. Citizen or Permanent Residence spouse or parent (minor children cannot be used as anchor relatives). But marriage to a U.S. citizen may not require one of these waivers and may not require him to leave the U.S.

For more information please contact me or schedule an appointment at our office in Miami.

Sincerely,