Can I file the I-130 even if my brother was deported? 2 Answers as of March 08, 2011

He was deported 8 months ago, non criminal reasons. Apparently they thought that was coming here to stay.

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you are a U.S. Citizen you can petition your brother even if he was deported. Since it will take more than 10 years for him to immigrant here as the brother of a US Citizen, the 5 or 10 year bar for someone who was deported will have expired by the time his priority date is current.
Answer Applies to: California
Replied: 3/8/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
He needs to get a waiver before he can be admitted. As far as the grounds for his waiver, we will know after assessing your case. You can contact us for assistance if you want. Good luck!
Answer Applies to: Florida
Replied: 3/7/2011
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