Originally Posted by Demise

One of the issues here is that your lawyer fucked up the MTR, which are generally limited to one, so a joint motion to reopen with ICE should be tried, then a sua sponte request, then an appeal to BIA also asking for sua sponte, and then going to Court of Appeals for whichever circuit you live in. Places like the 2nd and 9th district tend to force BIA remands.

Might be worth a shot to try to file an MTR based upon not receiving notice but considering the statutory limitations it's really an uphill battle because the court can rule either way and ICE can appeal it as an invalid application of law.



Still, you need a relief avenue before you even try an MTR, like changed country conditions for asylum (in case of which you don't even need an MTR, you can file for asylum directly), immigrant petition (e.g. USC spouse). Reopening without a relief avenue is a dead end since instead of an in absentia order you'll get a regular order or a voluntary departure (where you're given 90-180 days to depart).

Considering your case, where you aren't married to a USC the quickest avenue would be for your brother to petition your parents, and you get sponsored by an employer. You'd use your parents (who at the time will be LPRs) to get an I-601A waiver for the labor petition, and that'd really be the main reason behind reopening. If you entered US legally then marriage to a US citizen would also be a good ground for reopening as you'd be able to adjust afterwards.


tl;dr version:
1. Consider your relief options (who can sponsor you, and availability of a waiver if your parent(s) become LPRs.
2. Get a good lawyer.