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Can a naturalized US citizen help his brother become legal if the brother entered the country illegally?

Business 2 views 3 answers
Hypothetically of course, one person is a naturalized US citizen (was born in Mexico). The US citizen has a brother who entered the US illegally and still lives in the US. Both people are grown men. The US citizen is 50 and the brother is 35ish. The brother has been in the country illegally for over a decade, maybe 2 decades. So, can the person who is a US citizen help his undocumented brother become legal? Would the undocumented brother have to leave the country or file for some sort of pardon? Also, what if the undocumented person has kids that are under 18 but US citizens?

Attorney Answers

3
Robert Henry BeerImmigration AttorneyMarietta, GA ·
As a rule, a US Citizen can sponsor a brother in 4th preference whether the brother is legal in this country or not. But, it is a very long wait until a visa would be available and your brother does not sound that he was grandfathered under §245(i) for adjustment purposes. And, of course, your brother is illegal . That has legal consequences. I would suggest that you and your brother seek either my legal advice or that of one of my colleagues. Hope this helps. Wishing you well.
0 upvotes
Hector J. LopezImmigration AttorneyHouston, TX ·
I agree with my colleague. The wait is very long and the fact that he entered without inspection makes him ineligible to get the green card from inside the US unless an immigrant visa petition or a labor certification was ever filed on his behalf on or before April 30, 2001. You should consult with an immigration attorney to avoid any action that could potentially trigger his deportation.
0 upvotes
Ndavid Shamloo ·
Once the US citizen kids are 21 they can apply for their dad, but as my colleagues said there are serious obstacles ahead. Hire an experienced attorney to address your hypothetical situation in terms of real World issues in this matter. Good luck!
0 upvotes

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