Is This considered to be out of status
Hello, I have a question please.
I am a US Citizen. My brother came to this country 10 years ago on a work visa. In his company he met a girl. They dated for 2 years and decided to get married. They passed the interview and everything. But his green card was delayed because of the security check. He was 4 years into the marriage when things between them went down hill. In a moment of madness she withdrew her I-130 sponsorship and subsequently USCIS sent him a letter informing him that his application was denied and that he could apply again under a different category. This was in 2009. They are now divorced.
Hes no more working with the previous company as the contract ended. Im thinking of sponsoring him. The problem is I read that once you overstay your visa you can no more adjust your status unless you get married. Does this apply to him?
What would be his status now? Does any bar apply to him?
Thank you very much.
Yes, he is considered out of status as of 2009 when he was denied by USCIS, and since he is accumulated an absence of 1 year he faces a 10 year bar if you sponsor him as a sibling ( it takes 10-12 years fir sibling petitions to become current ).
The only option he has while staying in US to adjust is unfortunately for him is yet another marriage to a USC or leave US and live out the 10 year bar by the time your petitions for him becomes current.
The problem is I read that once you overstay your visa you can no more adjust your status unless you get married. More specifically, married to a US citizen. Either that, or have an adult US citizen son or daughter (at least 21 years old), or be a child under 21 with a US citizen parent. Obviously the last possibility doesnt apply to your brother.