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  1. #1
    Join Date
    Jul 2010
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    1

    Default Filing Form I-130 For a Sibling

    I am a US citizen and want to file I130 for my brother who is in Pakistan. He had been to US multiple times before but the last time he was here, he was denied entry at the airport because he had over stayed the previous time. We had applied for an extension because he was looking at schools for his higher education and he left the country before he got any response back from Immigration about his extension application. The officer at the airport told him that his application of extension had been denied but we never received anything. He was refused entry then and returned back with a five year ban. This was in 2003. My question is can I apply i130 for him and do I need to disclose this on the application (question 16 on the form). Any help will greatly be appreciated.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Filing Form I-130 For a Sibling

    Given the priority dates, his period of ineligibility will expire by the time the I-130 is processed. Even if his overstay was over a year, it will be more than 10 years from 2003 to the likely processing date @2015.

    You will want to be honest in your answers to the questions on the I-130 form. Your answer to question 16 would depend upon exactly what happened when he attempted to enter - if he was allowed to voluntarily withdraw his attempt to enter and voluntarily return to his nation of origin, and that's the only incident t issue, then the answer is most likely "no". You'll have to get more details.

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