QUESTION

My boyfriend has over stayed his time in the US. He wants to get divorced n marry me n bring his 9 year old son here to. What's the best route for us?

Asked on Sep 06th, 2012 on Immigration - Arkansas
More details to this question:
Can he get a green card even though he has overstayed his visa? Can he get a divorce without going to Mexico?
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1 ANSWER

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
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Hello. He would need to get that divorce first. He may try and get it done in the US with the cooperation of his wife or she could do it from Mexico without him going. Once he is divorced, you may marry and process his green card. It is normally OK if he overstayed, however, it will depend on the type of visa and any other immigration issues he may have had while in the US. In addition, you may petition the son as a step-child. If he is still in Mexico, he will need to go through consulate processing after the case is initially approved in the US. We can help with all these processes. Feel free to email or call if you have additional information or would like a free consultation. Harun@ksvisalaw.com 858-874-0711.  
Answered on Sep 07th, 2012 at 2:04 PM

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