My brother is married to a US citizen for 1 year but got arrested before filing for my green card.?

Question

My brother is currently being held for minor traffic violation as well as on immigration hold. Has been married to a US citizen for one year but bas not filed his papers yet. What can he do in this case.

Answer 1

There is nothing he can do. He will hopefully be deported as soon as possible, and with a ten year ban, then he may apply legally to come here! Being married to a U.S. citizen does not help him out in this situation. He should have thought about that before he came here illegally or over stayed his welcome.Illegal is Illegal and I hope he is severely punished for it!

Answer 2

Get an attorney involved immediately.  Sounds like a deportation case in the works.

Answer 3

You need to act quickly and hire an experienced immigration attorney who HAS EXPERIENCE FIGHTING DEPORTATION CASES.

90% of lawyers charge you $3000 to fill out your paperwork. You need someone who knows their stuff and you should interview attorneys until you find one.

This is deadly serious. You need someone who can find irregularities in the case as well as possible rights violations and problems with procedure to save him.

Answer 4

There's nothing deadly serious about a minor traffic violation and people aren't normally held for them either. They just get a ticket and drive away. If he's on an immigration card hold of some sort, it must be something else. Normally, foreigners who marry Americans are given a conditional green card for the first 2 years of their marriage. Perhaps that is what you are talking about.

However, your brother won't be able to file a petition for you until he becomes an American citizen. Even then, it will take a minimum of 11 years before that petition can be used to go to the US for your  own green card. So, relax and take a breath, it will be quite some time before your brother can really help you.