QUESTION

I''m currently holding L1 visa, and company is sponsoring my green card. I met a guy who is illegal alien in US, and we are having a baby.

Asked on Aug 25th, 2011 on Immigration - Pennsylvania
More details to this question:
I heard that the only way for him to become legal is to wait until I get a citizenship, which is around 7 years or so. Is it correct? Does it make sense for us to get married sooner, and try to adjust his status?
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1 ANSWER

Immigration Law Attorney serving Cleveland, OH
3 Awards
Dear Madam, In order to determine how best to legalize the status of your fiance, we must first learn how he entered the US last.  If he entered on a visa and overstayed more than 180 days, then he would have to wait until you become a US CItizen.  The reason for that is that 1) he would not be able to change his status since he does not have any now; and 2) if he departed the US he would be barred from re-entering the US for 3 years for a 180 to one year overstay and 10 years for more than a year overstay.  Note that if he overstayed less than 180 days, then he would be eligible to receive a visa through consular processing after your marriage as a dependent to your L visa.  The same answer applies of he originally entered without inspection.  But if he entered on a student visa and his I-94 is stamped D/S which stands for "duration of status" he would also be eligible to receive a visa at a US consulate as a dependent to you after your marriage.  You should really consult with a competent immigration lawyer in order to know your options.  Please let me know should you have any questions. Gus M. Shihab, Esq. The Law Firm of Shihab & Associates, Co., LPA Free Initial Consultations 1-877-479-4USA
Answered on Aug 28th, 2011 at 4:13 PM

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