If my boyfriend came to the U.S with a visa but he over stayed, can he become a legal resident? 9 Answers as of September 05, 2013

My boyfriend and I have 2 years together. I am a US citizen so I was wondering if I can fix his papers as getting married or something else, I really don't know about immigration so I would like some help. Thank you.

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Walker & Ungo Law Firm
Walker & Ungo Law Firm | Gabriela Ungo
Provided he does not have any other issues, a person that overstayed their visa can adjust status to permanent resident based on marriage to a US citizen.
Answer Applies to: Mississippi
Replied: 9/5/2013
All American Immigration
All American Immigration | Tom Youngjohn
Yes. No problem, assuming that he doesn't have a criminal record, or came in with a crew visa, or a J visa subject to a two year foreign residency requirement. Assuming that you make enough to sponsor him, or have a joint sponsor who does, and he's not half your age (though I've done those), you should be fine. File the I-130 concurrently with the I-485, I-864(s), I-765. Get an AILA attorney for $1,500 max, shop around. And always get a second opinion.
Answer Applies to: Washington
Replied: 9/5/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
After you have married your boyfriend, you can petition for him on form I-130 and he can apply for adjustment of status concurrently on form I-485 with USCIS. He does not need to return to his home country to apply for a visa. If his adjustment application is approved, he will be granted residency status and can stay in the US legally. It's currently taking USCIS about 4-6 months to process the application before calling you and your future husband in for an interview.
Answer Applies to: Texas
Replied: 9/5/2013
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Yes. He can stay, marry and apply for his green card (even if he overstayed his visa). The entire process takes about 3 months from start to finish. Please consult with an experienced immigration attorney before getting married.
Answer Applies to: California
Replied: 9/5/2013
Herrera & Juelle LLP | Carlos Juelle
Yes, if your boyfriend came to the US legally but overstayed his visa, he can become a lawful permanent resident if you marry him. After you marry, you both would have to file paperwork with immigration in order for him to become a lawful permanent resident.
Answer Applies to: California
Replied: 9/5/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    He is likely able to seek permanent residence in the U.S. However, there are some visas that do not allow you to seek adjustment of status in the U.S. or require special waivers. You should meet with an experienced immigration attorney to discuss the matter further.
    Answer Applies to: New York
    Replied: 9/5/2013
    Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
    If a person entered legally and is married to a US Citizen that person can adjust status in the US even if that person over-stayed. The issue is and will always be to show that the marriage is not for an immigration benefit. Immigration looks at all marriages as fraud and it is the clients who have to burden to show that it is not.
    Answer Applies to: Minnesota
    Replied: 9/5/2013
    The Law Office Kevin L. Dixler
    The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
    More information as it needed. In general, those who enter the United States with a B2 tourist visa and overstay their entry card deadline may be able to adjust status and process in the United States. Yet, there are some who have other types of visas Or potential disqualifications that may complicate matters. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney. The above is general information, not legal advice, and does not create an attorney-client relationship.
    Answer Applies to: Illinois
    Replied: 9/5/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Should be ok if there are no other issues.
    Answer Applies to: Michigan
    Replied: 9/5/2013
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