i am an american citizen, my brother came to the states on a student visa then he got married to an american citizen for more than 1year but they refused his green card application, and now he is divorced & waiting to stand in court for the deportation order
Sibling greencards take nearly a decade and he can not wait in the U.S. Why was his marriage application denied? He needs to hire an attorney to represent him in immigration court. He should do this as soon as possible. More information is needed to see if he has any options for staying in the country.
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Yes you can and it would take close to 10 years. The issue here is how is he going to maintain his status during these 10 years. He needs to talk to an attorney.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an attorney in detail about your case. This message does not create an attorney-client relationship
Yes, you can petition him, but he will face a long, long wait for the green card.
Other issues are why his green card application was denied, whether his marriage was determined to be a sham marriage, and whether he qualifies for 245(i).
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.