if someone entered the U.S illegally over 15 years ago, and is being filed for by his brother about eight years ago,will he still be able to get a green card? and would the process be any different if he had entered legally? and would it take a long time
his brother did filed before April 31st , 2000 deadline, but was sent a rejection notice in June because of proper fee and he did not get a priority date or a processing date because of that. His brother did send the correct fee and thry said they received the application.... Well recently he got a letter stating that they transferred the petition. It has the SAME RECEIPT NUMBER AS THE REJECTION NOTICE RECEIPT NUMBER..... So could you tell me if he missed the deadline and if that means anything, also this transfer notice still doesn't have a priority date on it.
In general if a person has entered illegally into the U.S. there is no way that they can attain their green cards even if a case has been filed through a U.S. Citizen family member.
One of the only exceptions to this at this time is if someone is eligible under 245i, which requires that a person was present in the U.S. on December 21, 2000 and can show that they had a petition filed on their behalf prior to April 31, 2001.
It is probably a good idea to speak with a qualified immigration attorney if you wish to discuss your specific situation.
Hendrik Pretorius, Esq.