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My brother was coming to us on visitor visa the second time.

Hello my brother was...

Hello my brother was coming to us on visitor visa the second time. And denied entry and barred for 5 years and in deportation process. He is in expedited removal and they want him to meet asylum officer. He does not want to apply for asylum and want to go back. We applied his immigration petition based on family about 10 years ago and it’s in process. If he is going back home, can he enter us based on family based immigration petition once visa is available. How he can go back without meeting any asylum officer. He is in detention center

Lawyer's Assistant: What steps has your brother taken? Has he filed any paperwork with the U.S. government?

Not sure, they want him to meet asylum specialist

Lawyer's Assistant: Have you talked to a lawyer about the visa?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His entry may be denied based on suspicion of staying for 5 months instead of 1 month or working in us

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Answered in 2 minutes by:
3/17/2018
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,967
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 1 month ago
Ok

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What country was your brother born in? What is the Priority Date of the I-130? Who petitioned for him?

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Customer reply replied 1 month ago
He is from India, applied based on brother of US citizen. His priority date is April 2009

Ok. Then what he should do is ask for Voluntary Departure so that there is no deportation against him. It will probably be about 5 years before he is able to make use of the immigrant petition anyway. I would not attempt to visit the U.S. during that time because that's what got him in trouble this time. He was not supposed to use a tourist visa when he had immigrant intent. Yes, I know that he did not intend to stay this trip, but that does not matter under the law. What matters is that he has an I-130 pending which is evidence of clear immigrant intent.

So just have him request Voluntary Departure and then he can wait outside patiently until his 5 year penalty is up which should be around the same time as he is able to immigrate.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 1 month ago
He charges are deportable alien, he is inexpideted removal, is he going to deport anyway, since the stay is more than 24 hrs

Even then, the penalty should still be 5 years, not 10 years. So he can still ask to cooperate and try to leave as quickly as possible. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,967
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thanks a lot. I will give you 5 star rating once I received the follow up message or you can tell me where I need to go to do that

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,967
111,967 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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