Legal Question in Immigration Law in Maryland

removal proceeding

can my niece file a petition to his brother because his brother is in removal proceeding. my is a green card?


Asked on 6/12/09, 9:56 am

3 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: removal proceeding

Dear Inquirer:

A sibling petition falls under the 4th preference, for which there is a wait of several years before a visa would become available. Since no petition has yet been filed, that type of a petition would not provide relief to the brother in removal proceedings.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com for more information.

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Answered on 6/15/09, 5:22 pm
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: removal proceeding

If your niece is a US citizen then she can file a petition for her brother. Unfortunately, the wait times for such petitions (in the "4th preference category") are very long and an Immigration Court is unlikely to wait. Also, a lot depends on why her brother is in removal proceedings to begin with. If he has committed certain crimes that lead to removal, having a pending petition will not help. If he's overstayed a visa, a 4th preference petition also won't help -- you need an "immediate relative" petition (spouse, parent, or unmarried minor child) in those cases.

If he's in removal proceedings he really needs to hire an immigration attorney to help him. Immigration Court procedure is not something he'll want to try on his own.

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Answered on 6/12/09, 10:02 am
Marc Seguinot Seguinot & Associates, P.C.

Re: removal proceeding

I would love to help you but you have to be more clear about what the problem is. I handle many immigration cases in Baltimore and Arlington Virginia and I would love to work to help you out -- but please be clear as to what the problem is, okay? Good luck.

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Answered on 6/12/09, 2:24 pm


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