Immigration question:
 

Ok here I go:

So years ago my older sister met a man in Kansas, and they ended up getting together, and getting married. Well the thing is he is an immigrant. He is originally from Mexico, and came here a few years back.

some back ground. He came up 2004, and met my sister and they met, and then got married but he decided to go back to mexico and do it the "right way." He talked to alot of citizens that he worked with and hung out with and he got the feeling that everyone felt he was less of a person because he didnt have his papers. Now mind you, this is a good man, about 33 years old, and he worked and and took care of his family. He didn't pay taxes or anything, so there is one thing. but he did give money to neighbors and his local church in Kansas. He never took from anyone. he is what a "citizen" should be. you know, giving, selfess service, helping the homeless, and things of this nature. He is a GREAT man.

So now he went back to mexico; it has been about 3 years almost waiting in mexico and my sister raising their daughter that she had when he was in mexico. So how he has a daughter he hasnt seen. My sister is working her butt off and she is not getting assistance, she only works for about $17.00/hr and that is an ok salary, but she doesnt have cable, internet, any phone features, no cell phone, no new car, old beater, no brand name anything. she works to live and feed her daughter. now my sister hasnt harmed a soul and we all help her out when we can, but i just feel bad that she doesnt have her husband to take care of her.

So now she got an appointment to go see if he could get his papers since they are married and they have a daughter.

So he is not a criminal and has no priors. non drinker, non smoker. and when they presented themselves there, my sister said that they treated people like crap. like they were cattle.

So in the end the judge said that he has to wait till 2015 to get his citizenship. He has been waiting for about 3 years already, doesnt that count for anything?

Is there a way to speed up the process?

I know that lots of immigrants try to get in each day, illegally and all but this is someone who actually makes our country a better place. I see it anyways. I know none of you all care about this, but you dont come across these type of people everyday.

any info?

Go talk to an immigration attorney. Why did he leave after they got married? I just got married recently to an illegal alien and she will have her work permit in a few days. However, her status is different because she overstayed her visa and didn't enter illegally.

We all saw people around us getting their papers in less than a year, and so he wanted to do it the correct way. not thinking it will take up to 2015.

Professors of mine have mentioned it can take decades for people to be granted citizenship. I don't understand why he left though...hopefully it gets sorted out. Just kind of a bad situation.

Can't he get one of those temporary things. A visa I think it's called. That way he can live and work in the United States while he is waiting for his citizenship. I agree with Rekna, talk to an attorney. They would be much more helpful then we can be. Good luck to you all.

If he has been ordered to remain outside of the US until 2015, then there must have been a problem with his first visit to the US. Either he entered illegally, or he overstayed his visa, or something went wrong. If he had entered legally and kept all his ducks in a row, there should have been no problem for him to get a green card within a year via the marriage to a US citizen. Spouses of US citizens get priority over pretty much everyone else.

Thing is, he should not have left. He should have gotten an immigration attorney IN the US, to do Adjustment of Status (I-485, I believe). Since he left, and the US now knows that he came illegally (or whatever the "doing it wrong" part was), he's pretty much SOL. How does the wife feel about moving to Mexico to join him, at least until 2015?

Unfortunately, the US (legal) immigration system does not care how "good of a person" you are. They care if you're educated, skilled, speak English, etc. Not how many people you help. There is no mercy with them, I'm afraid.

OK, do you mean "citizenship" or do you mean "legally in the country"? Those are two very different terms. "Citizenship" means he can vote, etc. "Legally in the country" means that he can be here and possibly working to support his family. He should be able to get a "green card" (which is the latter term) by having being married to a citizen. They should be able to get a marriage visa to get him here, if nothing else.

Talking to an immigration attorney sounds like a great idea, but I want to make sure we're all using the same terms.

hey thanks all. I will let my sister know. as far as terms go. I am not familiar with them. but thanks for the clarification The Jazz. also Abaya: my sister will NOT go to Mexico with him. the places there are not someplace you want to raise your child. We are first generation Mexican-Americans, so our parents worked too hard for us to go back to that place. So we will try to get him here. I do understand that they dont care about how good of a person he is. I do also think that something happened his first time around that they took advantage of that.

I will ask my sister and see if the whole visa thing will work.

I simply cannot fathom what makes you think that the places in Mexico are not places you want to raise a child. That is a highly biased and far from true statement. Although I will agree that the average standard of living is much lower in Mexico, there are many areas further south of the border that are quite nice, with great private schools (much better than anything in the US for K-12 education). Your sister, being an obviously educated American Citizen, should have no problem acquiring a reasonable job, likely even with an American company if she looks around a bit. I personally know families that raised their children until college age in Mexico without any detriment to their education or personality. I can simply not understand how she could be so in love and yet unwilling to make sacrifices to be with him. I myself married a foreigner and have been through all the greencard paperwork repeatedly. I would be perfectly willing to move to a 2nd world country to be with my wife if need be, without a second though or single regret.

Good luck to your sister in finding a resolution to this situation, but quite frankly, she has only two options, wait for him, or be with him until he can come here legally. If there has already been a ruling on the case, no amount of money will change the INS's mind...

I second this comment.

Here's why:
Several of my friends here at UC Berkeley (I can think of 3 offhand) were raised in Mexico. They had no problem completing their education and making it into a great institution for their undergraduate degrees.

Whatever experiences your parents had in Mexico, you do not need to impose the same on your sister's family. With an American education, she can do better. She shouldn't think about moving, though, until she has secured employment and she is certain she can provide an adequate living experience for her child.

In 2015, they can come as a family to the US. It really honestly only makes sense.

If you folks really are stubborn about the not ever returning to Mexico thing (parents' last wishes or whatever the reasons), you should see if your sister's husband can legally immigrate to another country, like Canada, Chile, Italy, or Argentina. Then the two of them could move together to a totally new and different home for the interum.

My guess is he entered illegally then left kicking in the 10 year ban. If he would have overstayed his visa their wouldn't be a ban. He cannot legally enter the country again until after the ban ends. I don't understand this law at all....

My wife is a legal U.S. immigrant but not a U.S. citizen. She has lived in the United States as a Resident Alien for 20 years. We got married overseas, then came to the United States. It was a hassle getting her papers; but to be expected, considering that millions of people are trying to come here.
Like others have said, I suspect your brother-in-law was originally in the U.S. illegally. Otherwise he would not have received the 10 year ban.