Twenty-eight year old Zachary Simms has taken his bid to call Australia home all the way to the Immigration Minister Scott Morrison.
The 28-year old had applied for a Remaining Relative Visa (RRV), a category granted to less than 300 people every year, with close relatives in Australia. The backlog and demand for RRVs means there's a 16 year wait for successful applicants.
His mother, Nancy Morrison, wants him here with the family.
Mr Simms applied for the visa after his father passed away, but his application was denied, because he has step-siblings in his native United States.
"I don't really consider them part of my family, because my blood family is all over here," Mr Simms told SBS.
"Zach is my son," his mother says.
"Zach needs to be with his mother, and his brothers, and his stepfather. We're his family - to send him back to the States would be devastating"
Mr Simms' lawyer has lodged a bid for ministerial intervention, after his appeal with the Migration Review Tribunal was rejected.
Ms Morrison has set up a petition to try and convince the Immigration Minister Scott Morrison to let Mr Simms stay.
Mr Morrison declined SBS's invitation to comment on Mr Simms' case, as it would create legal issues now that his lawyer has sought his intervention.
If the ministerial intervention does not grant Mr Simms the visa, then he will have to be deported to the United States.
