If you overstay a visa, do you have to return to your home country to become a resident? 5 Answers as of June 23, 2011

My boyfriend came to the US with a visa when he was 10. His visa expired already, so if he wants to become a resident Does he have to return to Mexico and do the process there, or can he stay here and do the process here since he came to the US legally?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I will assume that you are a USC and that the 2 of you will be getting married and that is how he intends to adjust his status. If that is the correct assumption, then he will not have to leave the US in order to get this done. He can do all of it right here in the US. Find competent counsel before applying. Good luck!
Answer Applies to: California
Replied: 6/23/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
Because your boyfriend has overstayed his visa, leaving could subject him to a temporary bar of reentry. If he has accumulated more than six months of unlawful presence, if he leaves, he will be subject to a three year bar of reentry. If he has accumulated more than one year of unlawful presence, leaving will subject him to a ten year bar of reentry. He might have options if you and your boyfriend are intending on getting married. If you are, you can petition for him following the marriage and he can obtain a two year conditional residency card. Without more information regarding his case, I cannot say whether he has other options or not. If you have any questions, feel free to contact me.
Answer Applies to: Georgia
Replied: 6/23/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If he is marrying a U.S. citizen then he can adjust his status inside the U.S. If he is 245(i) eligible he can also adjust status inside the U.S.
Answer Applies to: Florida
Replied: 6/23/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
It would depend on how he is attempting to get his residency. If it's through marriage to a US citizen or US citizen child over 21 then no he does not have to leave. Any other way yes.
Answer Applies to: Florida
Replied: 6/22/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
After you get married, then he can stay her and adjust his status. He will not have to return to Mexico. Please contact an immigration lawyer for the details of getting started. Best of luck.
Answer Applies to: Texas
Replied: 6/22/2011
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