How long would it take to process my boyfriend's papers if his student visa expired? 5 Answers as of March 03, 2014

My boyfriend (from India) finished college four years ago with a bachelors degree. Just recently, his Student Visa expired and as of right now it's in the process and being updated. He's been living in California for about 7 years now. I don't know if he just only has Student Visa only or something else? I need to know how long will this take and what are the rules? I'm very frustrated and so is he! When he comes back, we are planning to get married too.

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Law Office of Adebola Asekun | Adebola O. Asekun
Even if his student visa has expired, you can file his papers if you marry him. But you need to consult with an experienced immigration attorney
Answer Applies to: New York
Replied: 3/3/2014
Law Offices of Rizwan M. Khalid
Law Offices of Rizwan M. Khalid | Rizwan Khalid
you may be able to file for status adjustment when you both are married. Skype consultation is available if you would like to discuss further.
Answer Applies to: Pennsylvania
Replied: 3/3/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Tell him not to leave the US. You can apply for his green card even if his visa has long expired. I don't see the need or risk to travel. Once married, you can apply for his green card! The entire process only takes about 3 months.
Answer Applies to: California
Replied: 3/3/2014
Law Office of Michael McVicker
Law Office of Michael McVicker | Michael A. McVicker
If your boyfriend is currently inside of the United States, his F-1 student visa has expired and, furthermore, he finished his studies for his bachelor's degree four years ago, unless he either continued as a full-time student, studying for a masters degree and doctorate over the last four years, or else changed his status within the United States from F-1 to another non-immigrant visa classification, such as H-1B (for example), then he will not be able to change his non-immigrant status within the United States (if he is presently still in this country), due to not having maintained legal status in the United States. If that is the case, and he is currently "OOS" (out of status) then it may be that his only possible remedy will be to file and application for U.S. Permanent Resident with the USCIS based on marrying a U.S. citizen.
Answer Applies to: Virginia
Replied: 3/3/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
There is really not enough information to address your question. I would encourage you and/or your boyfriend to schedule a consultation with an experienced immigration attorney to discuss the matter.
Answer Applies to: New York
Replied: 3/3/2014
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