QUESTION
If you overstay a visa, do you have to return to your home country to become a resident?
Asked on Jun 18th, 2011 on Immigration - Texas
More details to this question:
My boyfriend came to the US with a visa when he was 10. His visa expired already, so if he wants to become a resident Does he have to return to Mexico and do the process there, or can he stay here and do the process here since he came to the US legally?
2 ANSWERS
Personal Injury Law Attorney serving Pooler, GA
at
Jarrett & Price, LLC
Update Your Profile
Because your boyfriend has overstayed his visa, leaving could subject him to a temporary bar of reentry. If he has accumulated more than six months of unlawful presence, if he leaves, he will be subject to a three year bar of reentry. If he has accumulated more than one year of unlawful presence, leaving will subject him to a ten year bar of reentry. He might have options if you and your boyfriend are intending on getting married. If you are, you can petition for him following the marriage and he can obtain a two year conditional residency card. Without more information regarding his case, I cannot say whether he has other options or not. If you have any questions, feel free to contact me.
Answered on Jun 23rd, 2011 at 11:14 AM
After you get married, then he can stay her and adjust his status. He will not have to return to Mexico. Please contact an immigration lawyer for the details of getting started. Best of luck.
Answered on Jun 22nd, 2011 at 12:01 PM