Legal Question in Immigration Law in California

It really depends on how he entered the U.S. (for example was he inspected or did he cross the border). If he is eligible to adjust his status in the U.S. through you, then once his papers are filed he will get his work authorization within 90 days and if not we can request an interim work authorization. My office typically sees a turn around time of roughly 4 -6 months before you will be called for an interview to get the conditional green card.

Contact my office for a free consultation and I will advise you properly.

Caro Kinsella

Immigration Attorney

954-304-2243

Once you get married, he is eligible to apply for a green card as your spouse. If your boyfriend did not enter the country with a visa (without inspection), he can only obtain a green card while staying in the U.S. if he is 245i eligible. To be 245i eligible, an immigrant visa must have been filed on his behalf before April 30, 2001. If he is not 245i eligible, and entered without inspection, he will have to apply for his green card through a U.S. consulate abroad with a waiver for his unlawful presence. The waiver must demonstrate that a U.S. Citizen/Lawful Permanent Resident spouse or parent will suffer extreme hardship if he is not allowed to return to the U.S.

Please contact me to discuss this matter further.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com