Immigration Help

[Warhol]

Hello, I need some help. I will give you a brief history.
I was living in the States for most of my life and was in the process of getting my permanent from from my mother who got hers from my brother who is American born, my mother had to wait till my brother was of age and working to apply to get her residence and that took sometime, but my mother passed away and the case never went through and was dropped.I voluntarily returned from Trinidad and found out that I got a ban for several years. I am in Trinidad now for 3 years and need to get a waiver to overcome the bar and return to the States and apply for my residence. I need an immigration lawyer that can help me with my case.

 

[PayrollHRGuy]

This forum is not for lawyer referrals at the top of the home page of this site there is a referral system.

https://www.freeadvice.com/

 

[Mass_Shyster]

Yes, you certainly do need a lawyer. From what you've posted, it seems like your path to US residency is through your brother, if he's willing to file for you. Maybe he can find an immigration attorney near him. You can also check The American Immigration Lawyers Association for a referral.

 

[Warhol]

Yes, you certainly do need a lawyer. From what you've posted, it seems like your path to US residency is through your brother, if he's willing to file for you. Maybe he can find an immigration attorney near him. You can also check The American Immigration Lawyers Association for a referral.

Yes, you certainly do need a lawyer. From what you've posted, it seems like your path to US residency is through your brother, if he's willing to file for you. Maybe he can find an immigration attorney near him. You can also check The American Immigration Lawyers Association for a referral.

yes I know this but that process takes too long I need to fix this matter soon.

 

[PayrollHRGuy]

yes I know this but that process takes too long I need to fix this matter soon.

There is likely no shortcut for you.

 

[FlyingRon]

I agree with the comments about lawyers.

Let me explain to you what you're up against.

First, as you realize, you have a bar to worry about. You can't even think about applying for status or even to come visit the US without resolving that. Further, due to COVID-related restrictions, you're not coming in even with the bar resolved under the current orders. Further, you're likely going to be denied admissibility on a visitor (or other temporary visa) due to your private illegal presence, obvious immigrant intent, and family ties.

Your next problem is your family member you're basing things on. Coming in based on your mother (who is an LPR), puts you in category 2B if you are unmarried. If you're married, your out of luck. You can't use family-based immigration based on your LPR mother.

If you come in based on your US citizen brother, you come in on the fourth preference.

The backlog on F2B is over FIVE YEARS currently. The backlog on F4 is over FOURTEEN YEARS. That means that those who applied that long ago are now getting their approvals.

Whoever is going to sponsor you is going to have to show that they can support you (this can be multiple people, let's say if your mother and brother want to pool their income and be jointly obligated for you).

The filing fees are substantial, and you waste money if you miss something and are rejected (not to mention the time involved). For this reason alone, it's key to have an attorney. The fact that you have an existing inadmissibility bar makes it even more so.

 

[Mass_Shyster]

yes I know this but that process takes too long I need to fix this matter soon.

There is no "soon" in immigration.

I'm guessing you're subject to a ten year bar for overstaying more than a year. There are waivers, but they won't do you any good unless you have an approved petition.

An attorney can tell you if it's possible for your mother's petition to be processed under Humanitarian Reinstatement. When my mother-in-law passed away, the petition she had filed 14 years earlier for her married son died with her. We were able to request humanitarian reinstatement and I stepped in as the petitioner.

If you had spoken to an attorney before you left, he or she would probably have advised you against leaving since that is what triggered the bar. If you had stayed, you may have been able to request humanitarian reinstatement and adjustment of status.

Like I wrote earlier, you NEED an attorney.

 

[PayrollHRGuy]

Psst... @Mass_Shyster

but my mother passed away

 

[Warhol]

yes I know this but that process takes too long I need to fix this matter soon.

I agree with the comments about lawyers.

Let me explain to you what you're up against.

First, as you realize, you have a bar to worry about. You can't even think about applying for status or even to come visit the US without resolving that. Further, due to COVID-related restrictions, you're not coming in even with the bar resolved under the current orders. Further, you're likely going to be denied admissibility on a visitor (or other temporary visa) due to your private illegal presence, obvious immigrant intent, and family ties.

Your next problem is your family member you're basing things on. Coming in based on your mother (who is an LPR), puts you in category 2B if you are unmarried. If you're married, your out of luck. You can't use family-based immigration based on your LPR mother.

If you come in based on your US citizen brother, you come in on the fourth preference.

The backlog on F2B is over FIVE YEARS currently. The backlog on F4 is over FOURTEEN YEARS. That means that those who applied that long ago are now getting their approvals.

Whoever is going to sponsor you is going to have to show that they can support you (this can be multiple people, let's say if your mother and brother want to pool their income and be jointly obligated for you).

The filing fees are substantial, and you waste money if you miss something and are rejected (not to mention the time involved). For this reason alone, it's key to have an attorney. The fact that you have an existing inadmissibility bar makes it even more so.

Hi, so you know of a good lawyer that can help with my case? Thank you.

 

[Warhol]

Do*

 

[Zigner]

Do*

This forum does not provide referrals to attorneys - sorry.

 

[Mass_Shyster]

Psst... @Mass_Shyster

I understand. It appears mother was the petitioner. That's what Humanitarian Reinstatement is used for: When the petitioner dies.

 

[t74]

yes I know this but that process takes too long I need to fix this matter soon.

You need to discuss this with a good immigration attorney. You must realize that immigration to the US is neither fast nor guaranteed even if that is what you want.

It sounds like you came legally with your mother who overstayed and had a US born child who could petition her at age 21. Siblings of US citizens do not have that road to residency. Your overstay after age 18 is not forgiven and even then you must wait in a very long line for sibling sponsorship if that is the way to US legal residency. I caustion you NOT to live illegally in the US as that will complicate your future.

You are actually very fortunate as most countries do not allow sibling reunification for legal residency. The attorney can advise you of your best course of action. You can then decide whether to continue the process (with sibling accepting sponsorship if required) or learn to be happy where you are and make your life there.

 

[FlyingRon]

Siblings of US citizens do not have that road to residency

Um, yes they do. If the US citizen is over 21, he can petition for brothers and sisters. The problem is that they are in the last preference class and it will take a very long time (over a decade) for those to be approved. Siblings of LPRs don't have a path.

 

[Warhol]

Um, yes they do. If the US citizen is over 21, he can petition for brothers and sisters. The problem is that they are in the last preference class and it will take a very long time (over a decade) for those to be approved. Siblings of LPRs don't have a path.

Any other info you can help me with I really need to fix my matter. I have not found an attorney.