What's our next step to getting him his papers fixed? 2 Answers as of May 07, 2015

My boyfriend and I have a 1 year old son. We are planning on getting married. He entered the US in 2010 when he was 13 with a passport now it's expired. We want him to have permission to work here and have a driver license and visit his home country. What can we do? We want to get this over with before next year.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
A U.S. citizen may marry a foreign national who entered the U.S. lawfully and with inspection, and then complete the process of Adjustment of Status so that the foreign national may become a Lawful Permanent Resident (i.e. get a "Green Card"). This is true regardless of whether for foreign national's passport may have expired, and regardless of whether the foreign national may have overstayed his visa. If the foreign national is not in valid nonimmigrant status at the time an Adjustment of Status application is filed, he will not be eligible for Advance Parole (a "travel document") for use while the case remains pending, but he will be eligible for an Employment Authorization Document (an "EAD" or "work permit"). The USCIS is inconsistent in the amount of time it takes to process a properly prepared and fully documented application package, but the USCIS's Atlanta Field Office (which handles cases from throughout Georgia and Alabama) generally completes adjudication of these types of cases within about 5 - 7 months. If is a case is not properly prepared or is inadequately documented, there can be significant delays beyond that time period, and there even is a risk of more harsh consequences. It would be wise to engage an immigration attorney to provide representation for the Adjustment of Status process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answer Applies to: Georgia
Replied: 5/7/2015
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
He can apply for his green card in the US as long as his last entry was legal (even if he overstayed).
Answer Applies to: California
Replied: 5/7/2015
Click to View More Answers: