Immigration Site

I have a particular case with my brother he is a mexican citizen, he got married about a year ago. Now his turist visa expired and they barely started to work on the petition papers. I sent them to my accountants office because I noticed he does the work on the forms and the translations.

Well after submiting their marriage license and everything they asked for, he went to pick up his papers today to send into the USCIS, and the lady that did all the work on them. Told him he can get deported and that the process can take up to 2 years.

I was wondering if this is accurate, theyve been married a little over a year now. They just didnt do anything about it up until now.

Any input will be greatly appreciated.

Thanks.

I have a particular case with my brother he is a mexican citizen, he got married about a year ago. Now his turist visa expired and they barely started to work on the petition papers. I sent them to my accountants office because I noticed he does the work on the forms and the translations.

Well after submiting their marriage license and everything they asked for, he went to pick up his papers today to send into the USCIS, and the lady that did all the work on them. Told him he can get deported and that the process can take up to 2 years.

I was wondering if this is accurate, theyve been married a little over a year now. They just didnt do anything about it up until now.

Any input will be greatly appreciated.

Thanks. Is he married to a U.S. Citizen?

Is he married to a U.S. Citizen? Yes, he is married to a US a citizen. I forgot to mention that.

Yes, he is married to a US a citizen. I forgot to mention that. Since he entered on an actual visa and is married to a USC, once the I-485 is properly filed he will be in a period of authorized stay. If he files the I-485 before being "out of status" for 180 days, he will not even be subject to the unlawful presence bar. IF the I-485 is filed before he reached 180 days past the expiration date on his I-94, then he can also file the I-131 for travel authorization while the I-485 is pending.

IF he has reached 6 months of unlawful presence he cannot leave the country before getting a green card or they wont let him back in for a long time. 3 or 10 years.

This is all based on the assumption that he has no "other issues" that cause a problem.