QUESTION
If my boyfriend came to the U.S with a visa but he over stayed, can he become a legal resident?
Asked on Aug 23rd, 2013 on Immigration - California
More details to this question:
My boyfriend and I have 2 years together. I am a US citizen so I was wondering if I can fix his papers as getting married or something else, I really don't know about immigration so I would like some help. Thank you.
6 ANSWERS
Immigration Attorney serving Downey, CA
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Herrera & Juelle LLP
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Yes, if your boyfriend came to the US legally but overstayed his visa, he can become a lawful permanent resident if you marry him. After you marry, you both would have to file paperwork with immigration in order for him to become a lawful permanent resident.
Answered on Sep 05th, 2013 at 3:46 PM
More information as it needed. In general, those who enter the United States with a B2 tourist visa and overstay their entry card deadline may be able to adjust status and process in the United States. Yet, there are some who have other types of visas Or potential disqualifications that may complicate matters. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney. The above is general information, not legal advice, and does not create an attorney-client relationship.
Answered on Sep 05th, 2013 at 3:46 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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After you have married your boyfriend, you can petition for him on form I-130 and he can apply for adjustment of status concurrently on form I-485 with USCIS. He does not need to return to his home country to apply for a visa. If his adjustment application is approved, he will be granted residency status and can stay in the US legally. It's currently taking USCIS about 4-6 months to process the application before calling you and your future husband in for an interview.
Answered on Sep 05th, 2013 at 3:46 PM
Provided he does not have any other issues, a person that overstayed their visa can adjust status to permanent resident based on marriage to a US citizen.
Answered on Sep 05th, 2013 at 3:46 PM
Should be ok if there are no other issues.
Answered on Sep 05th, 2013 at 3:46 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. He can stay, marry and apply for his green card (even if he overstayed his visa). The entire process takes about 3 months from start to finish. Please consult with an experienced immigration attorney before getting married.
Answered on Sep 05th, 2013 at 3:46 PM