QUESTION

How can I marry my boyfriend after he overstayed a visa?

Asked on Jun 13th, 2017 on Immigration - Georgia
More details to this question:
My boyfriend passport was stamped on May 2015. He came legally to the US through the airport. I am a US citizen and we are planning to get married. He is currently still in the US and has overstayed since then he never left. Are there any specific rules for an overstayer to fix his status in addition to the marriage? Is he illegible for a green card or even we are married and he still didn't get yet his green card, he could be a subject for deportation?
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally when a foreign national enters the U.S. lawfully and with inspection (as appears to be the case for your fiance in 2015) and then becomes married to a U.S. citizen, the couple can succeed in the application process by which the foreign national will "adjust status" to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the foreign national spouse may have overstayed his initial visa. As a Permanent Resident, he would be entitled to remain in, be employed in and travel abroad and return to the U.S. without being subject to deportation/removal. Generally within 33 months following success with adjustment of status, the foreign national spouse even could become eligible to apply to become a naturalized U.S. citizen. Of course, there are many other details that determine eligibility for adjustment of status. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Aug 30th, 2017 at 9:16 AM

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