Q: My mom filed petition for my brother back in 2006 and again in 2013. So he came here to the US as a tourist Nov 2013
but the visa had expired and since he was the one taking care of my mom, he ending up staying and is currently undocumented. my mom passed away last year. anything where he can apply for green card where possibly grandfather in his original petition with the current petition that was filed back 2013. I have all the documentation available. any possibility that he can still apply for green card based on his current status?
A:
No.
Your brother did not complete the consular process and currently a visa overstay (illegal alien in vernacular), thus, legally he may not adjust his status on either prior filed petitions.
However, there may be other legally available options that must be reviewed with an experienced immigration attorney confidentially as the public forum is not a suitable place for such discussion.
A: Once a person has overstayed his visa and has acquired out-of-status time he is unable to adjust inside the United States unless it is through an immediate relative. To know whether he is eligible for any other immigration benefit requires more information.
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