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There is a way, but it is complicated. First, he needs leverage to reopen his removal proceedings. The leverage is acquired by filing an I-130 for him and once that is approved, then you file an I-601A waiver for him. The I-601A is a new procedure. What has changed is that before, a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate
in their home country and then HOPE that they got approved, but the change is that now the same person can apply inside the U.S., get a pre-approval, and then with that pre-approval they can leave the U.S. for just a few days or even a day, present themselves for a scheduled appointment at the U.S. Embassy or Consulate, and then get the final approval and come back as long as there are no other reasons of inadmissibility, just having entered the U.S. illegally or having overstayed. Here is an official link:
If he gets also an approval of the I-601A, then he can use both I-130 and I-601A approvals to show that is should be eligible for U.S. Lawful Permanent Residency if he can leave the U.S. and come back. The problem is that he needs to have that order of removal set aside. To do that he has to reopen the case. This is done by filing what is called a proposed joint motion to reopen immigration
proceedings. He has to give this to the ICE attorney and convince the ICE attorney to join in the motion. He should be able to do it with the I-130 and I-601A approvals. If the ICE attorney is not convinced, then the only choice is to file a motion to reopen immigration proceedings sua sponte directly with the court and pray the court decides to invoke their sua sponte power to reopen the case. Because if he cannot get the case reopened, there is no way to fix his status because you have an order of deportation
This is very complicated stuff and the best chance is if you hire an attorney. You could try to find one at www.ailalawyer.com.
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