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Immigration Law Question: What to do ??

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  • Immigration Law Question: What to do ??

    I have an immeditate family member who came into the US in 1990 as a ten year old boy on a tourist visa and was inspected. His parents never legalized the situation, the dad was deported and the mom got her papers, but by then it was too late for him to adjust his status, he was overage old. His brother was legalized on the mothers' visa and went on to serve in Iraq and a tour in Corea.
    He still lives in the US, completed highschool and kept his nose clean, never any run-in with the law.
    He desperate to legalize his status and the US is by all means his country. He has a US born sister which will turn 20 soon.
    What does he have to do to get a legal starus - and a life. He never did anything willingly worng and is a victim of the procastination of his parents. He is of European origin.
    Any Help will be greatly appreciated.
    Andre

  • #2
    I have an immeditate family member who came into the US in 1990 as a ten year old boy on a tourist visa and was inspected. His parents never legalized the situation, the dad was deported and the mom got her papers, but by then it was too late for him to adjust his status, he was overage old. His brother was legalized on the mothers' visa and went on to serve in Iraq and a tour in Corea.
    He still lives in the US, completed highschool and kept his nose clean, never any run-in with the law.
    He desperate to legalize his status and the US is by all means his country. He has a US born sister which will turn 20 soon.
    What does he have to do to get a legal starus - and a life. He never did anything willingly worng and is a victim of the procastination of his parents. He is of European origin.
    Any Help will be greatly appreciated.
    Andre

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    • #3
      You mean he was eligible for 1986 Amnesty and never filed for it since ?

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      • #4
        Sorry, there was a typo, he came in 1990 and not 1980
        Sorry about that
        But, yes, he never filed for anyting

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        • #5
          What country is he from?

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          • #6
            Helo:
            He is of Belgian nationality.
            Thanks
            Andre

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            • #7
              That means Section 203 of NACARA does not apply to him.
              He will have to wait indefinitely for the change of INA here or leave the country and apply from abroad for a waiver.
              For legal advise you should consult the practicing immigration attorney.

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              • #8
                USC parent can file a 485 for him. Waivers are now approveable in the U.S. by USCIS and are usually approved.

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                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
                  USC parent can file a 485 for him. Waivers are now approveable in the U.S. by USCIS and are usually approved. </div></BLOCKQUOTE>

                  No, 245(i) waiver is not approveable in the US. The proposal is posted on Federal Register which is not a regulation yet.

                  To OP: Consult immigration attorney for legal advise.

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