Legal Question in Immigration Law in California

Re: Marriage to a permanent resident

Dear DV Winner:

Your boyfriend will only be able to stay if he has a job offer or, depending on the circumstances, may be able to attend school. Do not allow him to overstay. Because even if you get married, he will not be able to apply for the green card in the US and may even risk serious immigration consequences. You will need to seek legal advice on your case and should not try to take care of this yourself without the advice of a lawyer.

If you are still looking for a lawyer, give me a call or send an email to [email protected].

Thanks,

Anja Freudenthal

Law Office of Anja Freudenthal

332 Pine Street, Suite 700

San Francisco, CA 94104

Tel. 415-834-1884

Fax. 415-834-1894

[email protected]

www.anjaf-immlaw.com

Re: Marriage to a permanent resident

This is a common question. Because you're only a permanent resident, even if you petition for him (as a husband) when he's here, he will be illegal until there's a visa number for him about 5 years from now. Until the visa number is available, he cannot get a work permit or anything. Now, if you choose to apply for US citizenship and become one 4.5 years from now (3.5 years eligible to apply plus about 1 year for approval), a visa number will be immediately available for him. But we're still talking at least 4.5 years from now and he will be illegal in the meantime.

It doesn't matter if you apply for him as a husband and he stays overseas, he can't get an immigrant visa from the US consulate in his country in order to come here until a visa number is available as explained above.

Larry Liem Doan, Esq.

Re: Marriage to a permanent resident

Thank you for your inquiry.

You can only bring your boyfriend here under a fiancee or spousal visa IF you are a citizen. You have stated that you are not yet, so your permanent residency status would not help you.

Your boyfriend might be able to enter and stay on an education visa, a work permit visa, a professional, investor or family visa, but I cannot tell from the information you have provided.

I hope this answer helps, but if you would like more information, or if you have more questions, please feel free to email me at [email protected], or call my office, toll free, at 1-877-568-2977.