What are the chances of my boyfriend getting citizenship without having to leave the country? 13 Answers as of October 28, 2011

If you marry your boyfriend, he should be eligible to stay in US and receive permanent residence since he entered the US with a valid visa and overstayed. After marriage, you can file a I-130 and he will file a I-485 to adjust status. You should retain an immigration attorney to represent you in process.

Your boyfriend has overstayed his visa, but can still qualify to immigrate, when you enter into a marriage based upon a good faith relationship, not solely for immigration purposes. Also, you boyfriend is unlawfully present not illegal. Contraband like marijuana is illegal, not people. If he has proof of his work visa and a lawful entry, then this will help. I strongly recommend an appointment with a competent and experienced immigration attorney. The process of becoming a lawful permanent resident through marriage has gotten much more complicated over the years.

If you are a U.S. citizen, you can petition for your husband. If he has not left the U.S. since his entry with a visa 5 years ago, he should be able to apply for lawful permanent residency at the same time, but he should speak with an immigration attorney as the law is complex.

If he entered legally and has never left, and you are a U.S. citizen, you can petition for him within the U.S. through a process called adjustment of status. As long as he has proof of legal entry he can remain in the U.S. while he processes his paperwork for residency.

Yes, he can obtain a green card and eventually citizenship without leaving the country. Consult with an attorney to help you through the process. It is not simple.

It depends on what visa he used to enter and work in the US, but generally speaking, if you are a US citizen, you can petition for him and his immigration violations of visa overstay and unauthorized employment will be forgiven under section 245(a). He will be able to get his green card here in the US and avoid the 10-year bar. Hire an experienced immigration attorney to assist.

If you are US citizen and he entered the US legally but overstayed or engaged in unauthorized employment, you may petition him for green card after you marry him. Should be simple based on your account.

Yes, if you and your boyfriend marry and you file a petition on his behalf, he will be able to adjust status to permanent residence without having to leave the country. He will have to show that he entered lawfully. So long as there are no other issues of inadmissibility, he should be able to receive a temporary green card based on his bona fide marriage to a US citizen.

Because your boyfriend entered the country legally he is likely eligible to adjust status under limited circumstances (including marriage). That said, each individual case is fact specific. I would contact an experienced immigration attorney to guide you through the process should you decide to move forward.

Your boyfriend cannot get citizenship right away. You must become a lawful permanent resident for a set period of time (either 3 or 5 years depending upon the circumstances) before he can apply for naturalization. To obtain lawful permanent resident, he needs an approved immigrant visa. Based upon what you have told us so far, he is not eligible to receive lawful permanent residence unless he marries a U.S. citizen. Once your are married, assuming you are a citizen, you can petition for him and we will file a request to receive permanent residence through your petition. He will not have to leave the United States unless there was an issue with his initial visa. The process takes about 6-8 months to complete.