Dear Sirs,

I'll brief my case as followings:

- I came into the USA on a B1/B2 visa in Nov,1998 and I overstayed
till date.
_ As a brother of a US citizen, I got my petition I-130 approved on
Oct 17,2001 under the Life Act by the Vermont INS Center.
_ Later on I married a US citizen who filed for me to adjust status,
but I withdrew it just before starting the divorce process.
_ On March 26,2002 I received a removal proceedings letter from the
INS. A master hearing has been set on Nov. 6,2002. The only
charge as mentioned is (overstaying).
_ I have a very clean police record, and paying taxes regularly, id'ed
and I have a SSN.

Now, My questions are the followings:

_ Will my approved brother's petition help me in that hearing,
and to what extent the judge has the power himself to take into
consideration and say" OK you may overstay untill you are eligible
to adjust status?
_ Can my employer ( a company) help me now by petitioning a labor file?
_ I Have around 50 papers as defence documents: When I should
present them: the same hearing day, or before ? taking into
consideration that I prefer on the same day hoping to gain
more time.

_ I believe that my approved petition constitutes a legal and ethical
obligation by the INS to allow me to overstay as far as I am abiding
by the law and not doing anything wrong; and that nothing has been
issued regarding deporting the benificiaries of the Life Act who are living
in the USA on the basis that we are still illegal is in violation
of law and commitment: is this idea wrong or right?
_ I heard that there is a pending version of the Life Act awaiting
president Bush's approval. Also, There is news that it may allow us
,or only the wives and sons to pay $ 1000 fine and let us file
adjustment of status. Do you think it will help my case and how
please?
_ In order to secure a voluntary leave and avoid deportation: is it
recommended in this case to request so days before the master
hearing, or it is not so; and can I include this request within my
defense arguement petition on the same hearing day?

Best regards,

Adam
E-Mail: CHASE6702@yahoo.COM

Your brother's petition will not help you because it is not what is called "current." Petitions for siblings of Amcits are numerically limited, that is, there are fewer visas available annually then people who want them (like the airlines overbooking).thus,even though the petition is approved, even if you took this petition to a consulate they could not issue you a visa until the 'priority date' was reached. If he just recently filed this, you have about a 10-12 yr wait ahead of you and thus cannot adjust status because there is nothing to adjust to.

so the all story with 245i is that whom can hide,for the period of waiting for visa number can adjust status here,what is then all point with been grandfathered by 245i

Your brother petition will not help at all,Judge will not allow you to stay even you have 100 documents.Do'nt waste your money with attorneys it will not help, moreover you will not be able to come back on any visa for next 10 years due to your overstay---- accept the reality