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Student VISA please help. Been in US 15yrs

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briminh

Junior Member
What is the name of your state? California

My family overstayed and has been here since 1990 (15yrs). After many appeals and family problems, my Mother and two Brothers went back to their home country. I and my father are still going through the appeal but my Mom and two Brothers went back.

My brother (now 18) is trying to come back to the US. He is under my mom’s last name now and is about to graduate high school. He plans on applying to a Community College in California.

Now what I need to know is if he is allowed to come back or if he is barred?
And my main question is if he has a better chance coming to the US by applying as if he has never been here and use mothers maiden name? or if he should state that he has been here and has schooling until he was a highschool senior (did not graduate because he left the US).
They have his fingerprints while he was here. I don’t know if they will be able to find out that he has been here. If they can then we might as well state that he has been in the country before.
I just don’t know which one gives a better chance.

From my understanding, we appealed a few times but after being denied my Mom and Brothers decided to leave. (They did not appeal again)
My Dad and I decided to appeal. I think were on our last one (9th circuit?).

Any advice is appreciated!
 


briminh

Junior Member
I-212

state: CA

After further research, I run accross this I-212: Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

Looks to me like my brother has to apply for this as well BEFORE actually applying for the student visa?
I really hope not. It will only mean it will take even looonger.

I guess he was "deported" or "removed". I don't know what it's actually called but what happened was: Parents applied for asylum (under 18 at the time so he was applied under my parents), then denied, so appealed, then denied, and appealed again, then denied. After being denied My mom and brothers left the US. I stayed with my Dad and appealed to the 9th circuit (i think thats what its called).

Well i think he may have to fill this one out and i think it will set him back again. BTW: he's been out of the US for 1.5 years.

Any advice will be good. I'm kinda looking for a reply to tell me that he HAS TO or DOES NOT HAVE TO apply for SURE.

thank you for reading.

ranting....
Been here 15yrs. Good job. Pay Taxes. Own Home. And completely 'white washed'. Have to learn the language and culture. This sucks. :(
 

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