QUESTION
What do we need to do in order to fix my boyfriend's status to resident of US and he can work legally?
Asked on Sep 17th, 2012 on Immigration - Texas
More details to this question:
I'm a US citizen of the US but my boyfriend came to US in 1994 legally but he stayed after his I-94 ends. What do we need to do in order to fix his status to resident of US and he can work legally?
9 ANSWERS
Bruce A. Coane
Yes, just file all the appropriate forms, if you get married to him.
Answered on May 28th, 2013 at 7:52 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If your boyfriend entered the U.S. legally, did not leave since, and does not have any criminal convictions on his record, all you need to do is: 1) Ask yourself whether you really, truly want to be his wife (because if you change your mind sometimes in the next 3 years, it will really, truly screw up his life); 2) If the answer to the first question is "Yes", get married; and 3) Retain a competent immigration attorney and ask him/her to prepare and file the necessary papers with the Immigration (some people try to prepare the papers themselves or go to a notario or to an "immigration consultant"; most of them end up very sorry about it).
Answered on Sep 22nd, 2012 at 10:46 PM
He can only legalize his status if he is married to a US citizen. So, if you plan to marry and actually marry, after you do that you can petition for him.
Answered on Sep 21st, 2012 at 1:29 PM
Thomas J. Rosser
He is considered a multi-year "overstay" since the expiration of his I-94. Assuming he has never departed the US since that initial entry and marries you as the USC, it is possible for you to file concurrent spousal adjustment of status petitions on his behalf and be granted a waiver of the "overstay". You should seek competent and experienced immigration counsel to handle this complicated I-551 "green card" process for you.
Answered on Sep 21st, 2012 at 12:21 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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If you marry, you can sponsor him for permanent residence. His overstay can be forgiven. If you don't marry him, maybe there is a US citizen relative or someone else who could sponsor him? Good luck!
Answered on Sep 21st, 2012 at 12:12 AM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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If you have plans of getting married, you can file a Form I-130 immigration petition for him once you are legally married. Since you are a US citizen, the petition will be classified under Immediate Relative category for which visa numbers are immediately available. This means he can apply for a green card simultaneously with the filing of the immigrant petition. This also means that his previous overstay and unauthorized employment will not disqualify him from applying for a green card, as long as he entered lawfully and meets the other requirements to adjust status in the United States.
Answered on Sep 20th, 2012 at 11:48 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 marry, you can file an I-130 [petition for him. At the same time he can file an I-485 application to adjust status. You should consult an immigration attorney as other forms and documents are required.
Answered on Sep 18th, 2012 at 12:37 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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He can apply for his green card after he gets married. The green card process will only take about 3 months from start to finish. No penalty and he doesn't need to leave the US.
Answered on Sep 18th, 2012 at 12:37 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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He can apply for adjustment of status after he is married to you.
Answered on Sep 18th, 2012 at 12:36 PM