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Two immigration cases

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  • Two immigration cases

    Hello there. I have two questions on separate cases in my family.

    1.- My girlfriend is 30 years old. She's currently on a F1 student visa. Her parents recently became citizens and filed a petition to upgrade the I-130 they filed back in 2010 as permanent residents so it could move up in the preference category. We just received a letter from USCIS saying the petition was approved and that they've noted the change. Now we just need to wait for a visa number. However, according to the Visa Bulletin, the current cut-off date for her preference is 2007. I'm a resident myself and waiting on my citizenship, but we haven't married to avoid having her petition discarded. It would be starting from scratch again. What can we do to expedite this process? She's on a student visa and her college fees (triple as much as a resident's) are draining our finances. Any ideas would be appreciated.

    2.- Second case is, my brother came in 2006 and filed for asylum in 2007. Got referred to a judge in 2008 and finally got his individual hearing in 2009. The judge denied his application and he also lost his appeal. Once your asylum case is denied, the removal proceedings is automatic. He married in 2010 and got his interview at INS in 2011. That interview also went wrong and his case was denied. However, he later received a letter asking him and his wife to visit INS a second time to establish why they failed to respond similarly their questions. He decided to withdraw that case and finally got a divorce. Now, he's been dating someone for more than two years and they're planning on getting married. Does he have a chance to adjust status even though both his asylum and I-130 were denied? I understand he needs to file a "Motion to reopen". How likely is for him to get his case opened and reviewed? He's worried he could get deported right there and then. Any ideas?

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