Will my brother in law be deported if he is in the process of getting his papers? 6 Answers as of October 26, 2011

If he has been in the U.S. illegally for over a year and he leaves he is barred from returning for 10 years. I suggest you pay a lawyer a consultation fee to review the documents before he takes actions that may harm him.

First of all, there is no "new law" as people have understood. This is just an attempt to avoid deportation of non-criminal individuals but so far it is not working properly. If he has no status in the uS, he may be subject to deportation. Have him come and see me for a more detailed conversation.

First, let me make it clear that there is no new law. The "new law" is not a law, but rather an internal operating policy for handling of certain cases. This policy change does not give any particular class of persons any specific benefits. As such, depending upon your brother-in-law's circumstances, he realistically still could be deported. A person who has no legal status in the United States can be placed in removal proceedings at any time. This does not mean he will, but there is no guarantee against the matter. As to the likelihood, I do not have sufficient information to evaluate that as I have no information about what your brother-in-law to determine how he should best proceed.

It is not clear from your posting what stage of the process he is in. If he is in the US unlawfully and does not have an EAD as an applicant for permanent residence, he is deportable.

The new law is not a new law. It is memo on prosecutorial discretion. Technically, ICE can still deport your brother in law if he has reliefs outside US. As you mentioned he is not here legally and if the ICE gets in touch with him, ICE can issue NTA against him or let him go.

More information is needed. If he returns to Mexico to process his visa, he may be disqualified from immigrating to the U.S. for ten years, perhaps longer. The waiver application to pardon unlawful presence is complicated; many are denied. I strongly recommend an appointment with a competent and experienced immigration attorney before he departs.