QUESTION
What are the chances of my boyfriend getting citizenship without having to leave the country?
Asked on Oct 11th, 2011 on Immigration - South Carolina
More details to this question:
I am dating a young man from Guatemala who is in the country illegally. He arrived here legally on a work visa, but after a year, found a better paying job and is now here working illegally. He has never been deported and he has no arrests or violations. He has been here for about 5 years. What is the likelihood of him being able to obtain citizenship without having to leave the country? I am often worried because I feel like his status here is so precarious and I don't want him to have to leave for 10 years! Are there steps he can take now that will prevent that from happening? Where does the law stand on marriage and citizenship right now?
10 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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He may qualify to apply here.
Answered on Jul 08th, 2013 at 9:08 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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If he entered illegally he will not be able to obtain a legal status without leaving the country.
Answered on Oct 28th, 2011 at 1:21 PM
Your boyfriend has overstayed his visa, but can still qualify to immigrate, when you enter into a marriage based upon a good faith relationship, not solely for immigration purposes. Also, you boyfriend is unlawfully present not illegal. Contraband like marijuana is illegal, not people. If he has proof of his work visa and a lawful entry, then this will help. I strongly recommend an appointment with a competent and experienced immigration attorney. The process of becoming a lawful permanent resident through marriage has gotten much more complicated over the years.
Answered on Oct 11th, 2011 at 11:10 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If you are a U.S. citizen, you can petition for your husband. If he has not left the U.S. since his entry with a visa 5 years ago, he should be able to apply for lawful permanent residency at the same time, but he should speak with an immigration attorney as the law is complex.
Answered on Oct 11th, 2011 at 10:31 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It depends on what visa he used to enter and work in the US, but generally speaking, if you are a US citizen, you can petition for him and his immigration violations of visa overstay and unauthorized employment will be forgiven under section 245(a). He will be able to get his green card here in the US and avoid the 10-year bar. Hire an experienced immigration attorney to assist.
Answered on Oct 11th, 2011 at 5:13 PM
2 Awards
Yes, he can obtain a green card and eventually citizenship without leaving the country. Consult with an attorney to help you through the process. It is not simple.
Answered on Oct 11th, 2011 at 5:06 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If you are US citizen and he entered the US legally but overstayed or engaged in unauthorized employment, you may petition him for green card after you marry him. Should be simple based on your account.
Answered on Oct 11th, 2011 at 5:04 PM
Business Law Attorney serving Ketchum, ID
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Adam B. King, Attorney at Law, PC
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Generally if someone enters the country legally in the first instance and then overstays and marries a US Citizen, that person can apply for Lawful Permanent Residence, and ultimately citizenship.
Answered on Oct 11th, 2011 at 4:25 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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You have options available to you and he can petition for legal status. You need to contact an attorney and get specific advice about his opportunities.
Answered on Oct 11th, 2011 at 4:23 PM
Litigation Attorney serving Goose Creek, SC
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Miller | Conway
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Because your boyfriend entered the country legally he is likely eligible to adjust status under limited circumstances (including marriage). That said, each individual case is fact specific. I would contact an experienced immigration attorney to guide you through the process should you decide to move forward.
Answered on Oct 11th, 2011 at 4:22 PM