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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 Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,380
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

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 4 months 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 4 months 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 4 months 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 Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,380
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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