Sponsoring A Relative Who Previously Entered Illegally

[panama85635]

Good afternoon,
My wife is a naturalized citizen and wants to sponsor her brother for legal residence. He got caught crossing the border illegally in June of 1997. He was fingerprinted and then sent back across the border. He returned to his home in Mexico and has stayed there since. The 2 questions I have are:

1. Would this count as "yes" in immigration proceeding question on the I-130?
2. We have been told the the current process for legal immigration of siblings from Mexico for US citizens is approximately 15 years and further anyone caught crossing illegally after April of 1997 has to wait 10 years before attempting to return legally. So will there be any problem with this? The way I see it, when his number finally comes up arrives for him and his spouse and family under age 21 he would have already surpassed the 10 year wait so he should not have any problems. Is there any problem with my logic?

Thanks,

[Mr. Knowitall]

You describe him as having been the subject of immigration proceedings.

If his period of ineligibility has expired your wife can attempt to sponsor him, but his past actions may count against him.

[panama85635]

Thanks for the response. He was actually caught in 1994 so 10 years has already passed since then. We are going to submit paperwork and hope for the best.

Thanks,
Tim