My parents brought my brother to the us from Mexico when he was 2 years old. He is now 31 years old and is getting married. He has no papers.
My parents brought my brother to the us from Mexico when he was 2 years old. He is now 31 years old and is getting married. He has no papers. What should he do?
Each case is different. Allow me to first explain some brief rules. Then you can decide whether to discuss further with us what can be done. These are general rules which may not apply exactly, but you should get the idea.
Since your brother entered the U.S. illegally and is now over the age of 30, in all likelihood there is nothing that can be done currently to make him legal while he remains in the U.S. At some point he must depart the U.S. and return on a fiance or marriage visa based on his relationship to a U.S. citizen.
Here are some exceptions:
- a family member filed immigration papers for him prior to April 2001;
- the foreigner is the victim of a crime or has been abused by a U.S. citizen spouse;
- the U.S. citizen is a member of the U.S. military; or
- the foreigner is eligible for political asylum or refugee status.
- the foreigner is in removal (deportation) proceedings. In some cases, removal can be cancelled.
This is the first new Obama Administration rule implemented on August 18, 2011: Illegal Amnesty
Please note that for DREAM Act children who entered the U.S. under the age of 16 years and the date of entry was prior to June 16, 2007, see this blog post: DREAMer (DACA) Policy Change – New Obama Rule
Since your brother is now over 30 and has been in the U.S. illegally for more than one year after his 18th birthday, then when he departs the U.S. he will be barred from returning here for 10 years, married or not. Our goal will be to try to have the bar set aside and bring the foreigner back to the U.S. and obtain a U.S. permanent resident green card. We also look to take advantage of any new laws that might benefit him during case processing. There is a new 2nd change in Obama Administration policy which allows us to preprocess on a bar waiver prior to departing the U.S. If the bar waiver is approved in advance, this greatly increases the chance of obtaining a fiance or spousal visa and returning to the U.S. lawfully.
If he leaves the U.S. and is barred from coming back for any reason, then the only way to set the bar aside would be to show that the U.S. citizen cannot reside together as husband and wife outside the U.S. The foreigner is barred from the U.S. but the U.S. citizen is not barred from moving outside the U.S.
Is there any reason the U.S. citizen is unable to reside outside the U.S. due to a serious and permanent medical condition or some other combination of serious hardships? Taken as a whole, any problems must stand out above everyone else in her situation. You must be worthy of a bar waiver because there is no other reasonable way to be together outside the U.S. The large majority of bar waiver petitions are denied.
If your brother and his fiancee are in a situation where the U.S. citizen is not able to reside outside the U.S., please let me know and we can discuss further. We handle many bar waivers in this office.
If your brother does not fit into one of the exceptions above, or if he does not have a compelling reason why they cannot reside together outside the U.S., then a choice may be to wait to see if laws are changed to benefit undocumented foreigners living in the U.S. If you hear of a change in law, please contact us and I will see what can be done for you.
You are welcome to contact me if you like to discuss further.