QUESTION
Can I make my boyfriend a US citizen if I am a citizen?
Asked on Feb 28th, 2012 on Immigration - California
More details to this question:
I'm a US citizen. My boyfriend came from Argentina when he was 11 years old. We are now having a baby and I would like to make him a US citizen. How long would it take and can I do this?
11 ANSWERS
If you get married, you can initiate a case for him. It is a winnable case, but you need to consult with an experienced immigration lawyer. He will first obtain conditional residency and then permanent residency, and finally he would be eligible for US citizenship after three years of obtaining residency.
Answered on Mar 29th, 2012 at 6:01 PM
Before becoming a US citizen, he would need to become a permanent resident (green card holder) and hold that status for the requisite period of time. If he entered the US lawfully and can prove that lawful entry, you can petition for him and he will be able to legalize his status within the US.
Answered on Mar 05th, 2012 at 2:51 PM
Immigration Attorney serving Torrance, CA
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Marie Michaud, Attorney At Law
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You can probably make him a green card holder. Once he has a green card for a certain number of years, he can file for naturalization and become a US citizen. First, make sure he is "admissible". He needs proof of admission (usually, his passport, a visa, form I-94, a entry stamp in his passport indicating date of antry, admitted till a certain date in the future). Make sure he doesn't have any criminal history. Make sure he has not done immigration fraud, used fake documents, been ordered deported, was actually deported, etc... A lawyer should should help you with all these issues. As your spouse, the process (called adjustment of status) takes about 4 months.
Answered on Mar 02nd, 2012 at 2:43 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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It depends on how he entered. If he entered on a tourist visa, it should be okay and we can discuss all the details. If it was a waiver program or undocumented, it might be complicated.
Answered on Mar 02nd, 2012 at 2:40 PM
2 Awards
You cannot make him a citizen. You can file for him as a relative if you both get married. Now if he came into United States legally, then he can file for green card based on your petition for him as a wife. Citizenship is another issue for later on. You may want to consult with an immigration lawyer to assist you.
Answered on Mar 01st, 2012 at 8:06 PM
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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If your boyfriend came on a visa or entered the US with inspection or authorization then he could change to legal status through you in the US provided it is not on a visa that is not barred; however, if he entered w/out inspection or illegally, then he would likely have to return to Argentina to process his application for legal resident status.
Answered on Mar 01st, 2012 at 1:36 PM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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You first need to know how your boyfriend entered the US. If he entered through the border he cannot get permanent residency. If he entered with a visa and overstayed then you can petition for him. First you two must get married. Then you need to file a family based visa petition for him and you he will apply for residency together with this petition. There are certain documents you will need to present as well as evidence to prove that you have a bona fide (true) marriage. After he becomes a permanent resident, if you are still married for three years, he will be able to apply for US citizenship.
Answered on Mar 01st, 2012 at 1:06 PM
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It depends on how your spouse entered US. If he made a legal entry when he first entered US, then you should be able to file green card for your "husband".
Answered on Mar 01st, 2012 at 1:06 PM
Employment-Based Immigration PERM - 1-140 (EB-1, EB-2, EB-3) and EB-5 (investment) Attorney serving Houston, TX
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Hector J. Lopez, Attorney at Law
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If your boyfriend entered the U.S. "legally" and after analyzing his background and surrounding circumstances, he may qualify to adjust status to that of Permanent Resident in the United States. There is no direct path to U.S. Citizenship in his situation and would be required to be a LPR for at least for 3 years (if married to you) before he may apply for naturalization.
Answered on Mar 01st, 2012 at 12:51 PM
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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No, you can't. You may be able to file a petition for him. After that, many things depend on how and when he entered. You and he should make an appointment together to see an experienced immigration attorney.
Answered on Mar 01st, 2012 at 12:51 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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That depend on if he came to this country legally. If yes, it is simple: just file 130 and 485 to get him green card first. Three years after he receives green card he can apply for US citizenship. If he came to this country illegally, he may be in big trouble. Consult with immigration lawyer for advise.
Answered on Mar 01st, 2012 at 12:49 PM