Can I make my boyfriend a US citizen if I am a citizen? 18 Answers as of March 29, 2012

I'm a US citizen. My boyfriend came from Argentina when he was 11 years old. We are now having a baby and I would like to make him a US citizen. How long would it take and can I do this?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Before becoming a US citizen, he would need to become a permanent resident (green card holder) and hold that status for the requisite period of time. If he entered the US lawfully and can prove that lawful entry, you can petition for him and he will be able to legalize his status within the US.
Answer Applies to: California
Replied: 3/5/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
If he came to the US with a visa, the process can be as short as 6 months. If not, then it is a bit more complicated and more information will need to be gathered in order to resolve your issue. I would recommend a consultation with competent counsel to help you map out a strategy to get this done.
Answer Applies to: California
Replied: 3/2/2012
LAW OFFICES OF ALAN R. DIAMATNE APLC
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
It depends on how he entered. If he entered on a tourist visa, it should be okay and we can discuss all the details. If it was a waiver program or undocumented, it might be complicated.
Answer Applies to: California
Replied: 3/2/2012
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
You can probably make him a green card holder. Once he has a green card for a certain number of years, he can file for naturalization and become a US citizen. First, make sure he is "admissible". He needs proof of admission (usually, his passport, a visa, form I-94, a entry stamp in his passport indicating date of antry, admitted till a certain date in the future). Make sure he doesn't have any criminal history. Make sure he has not done immigration fraud, used fake documents, been ordered deported, was actually deported, etc... A lawyer should should help you with all these issues. As your spouse, the process (called adjustment of status) takes about 4 months.
Answer Applies to: California
Replied: 3/2/2012
Carol Beth Wolfenson | Carol Beth Wolfenson
You can marry him and apply for a green card for him, not US citizenship.
Answer Applies to: New York
Replied: 3/2/2012
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    If you get married, you can initiate a case for him. It is a winnable case, but you need to consult with an experienced immigration lawyer. He will first obtain conditional residency and then permanent residency, and finally he would be eligible for US citizenship after three years of obtaining residency.
    Answer Applies to: Texas
    Replied: 3/29/2012
    Kanu & Associates, P. C. | Solomon O. Kanu
    You cannot make him a citizen. You can file for him as a relative if you both get married. Now if he came into United States legally, then he can file for green card based on your petition for him as a wife. Citizenship is another issue for later on. You may want to consult with an immigration lawyer to assist you.
    Answer Applies to: Arizona
    Replied: 3/1/2012
    THE MANDEL LAW FIRM
    THE MANDEL LAW FIRM | DIANNE L. BROOKS
    You'll have to get married to petition for him and the length of time will depend upon other details.
    Answer Applies to: New York
    Replied: 3/1/2012
    Law Offices of Kiran Nair
    Law Offices of Kiran Nair | Kiran K. Nair
    If your boyfriend came on a visa or entered the US with inspection or authorization then he could change to legal status through you in the US provided it is not on a visa that is not barred; however, if he entered w/out inspection or illegally, then he would likely have to return to Argentina to process his application for legal resident status.
    Answer Applies to: California
    Replied: 3/1/2012
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    If he came here illegally, no, there is nothing much you can do. If he overstayed, there is something you can do. Nevertheless, you should talk to a lawyer.
    Answer Applies to: Florida
    Replied: 3/1/2012
    Yahima Suarez, A Law Firm, PL | YAHIMA SUAREZ
    You first need to know how your boyfriend entered the US. If he entered through the border he cannot get permanent residency. If he entered with a visa and overstayed then you can petition for him. First you two must get married. Then you need to file a family based visa petition for him and you he will apply for residency together with this petition. There are certain documents you will need to present as well as evidence to prove that you have a bona fide (true) marriage. After he becomes a permanent resident, if you are still married for three years, he will be able to apply for US citizenship.
    Answer Applies to: Florida
    Replied: 3/1/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The answer is it depends. It depends upon how your boyfriend entered the country. If he previously entered with a non-immigrant visa and overstayed, he would likely be able to receive permanent residence if you were to marry and petition for him. If he entered the country illegally, he may be able to become a resident if he qualifies for benefits under INA 245(i). Assuming he is eligible, you must first marry and then file for him to receive an immigrant visa. The process will require filing forms and supporting documents. You will also be interviewed. If everything goes well, it could be completed in 6-8 months. You should consider retaining an attorney to assist you with this.
    Answer Applies to: New York
    Replied: 3/1/2012
    Hilf & Hilf PLC
    Hilf & Hilf PLC | Sufen Hilf
    It depends on how your spouse entered US. If he made a legal entry when he first entered US, then you should be able to file green card for your "husband".
    Answer Applies to: Michigan
    Replied: 3/1/2012
    Matthew Cameron Attorney at Law
    Matthew Cameron Attorney at Law | Matt Cameron
    If your boyfriend originally entered the US with a visa (even a tourist visa) and has never been arrested, you should be able to file for his residency once you are married. The filing fees add up quickly, so you would be best off finding an attorney to be sure that it is done right.
    Answer Applies to: Massachusetts
    Replied: 3/1/2012
    Attorney at Law
    Attorney at Law | Hector J. Lopez
    If your boyfriend entered the U.S. "legally" and after analyzing his background and surrounding circumstances, he may qualify to adjust status to that of Permanent Resident in the United States. There is no direct path to U.S. Citizenship in his situation and would be required to be a LPR for at least for 3 years (if married to you) before he may apply for naturalization.
    Answer Applies to: Texas
    Replied: 3/1/2012
    Seifert Law Offices | Lisa Ellen Seifert
    No, you can't. You may be able to file a petition for him. After that, many things depend on how and when he entered. You and he should make an appointment together to see an experienced immigration attorney.
    Answer Applies to: Washington
    Replied: 3/1/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    It's a very long process. First you need to get married, and you need a waiver before you can start on his paperwork. I highly recommend that you hire an attorney.
    Answer Applies to: Florida
    Replied: 3/1/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    That depend on if he came to this country legally. If yes, it is simple: just file 130 and 485 to get him green card first. Three years after he receives green card he can apply for US citizenship. If he came to this country illegally, he may be in big trouble. Consult with immigration lawyer for advise.
    Answer Applies to: California
    Replied: 3/1/2012
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