Legal Question in Immigration Law in California

You can apply to change and adjust his status here if he still has a valid visa to be here. If it is expired, you will have problems.

You may want to set a consultation appointment with an immigration attorney where you and your boyfriend can discuss options, timing, and risks together. He does have the option of remaining here and marrying and filing for adjustment of status. However, as noted above, there can be some issues related to the visa waiver program. Timing will also be a consideration - both from the perspective of marrying and filing too soon, and from the reverse of his losing valid status. I can be reached at [email protected] if you have further questions.