Legal Question in Immigration Law in California

It depends on whether he entered the country legally and if not whether he was the beneficiary of of an immigrant petition or labor certification filed before April 30, 2001 (and was physically in the U.S. December 2000). If not, then he will have to leave the country to process and might need a waiver to return to the U.S. Also, he would have to be otherwise admissible and without knowing more, I couldn't know for sure. He might have to prove hardship to U.S. citizen or permanent resident spouse or parents. I presume you're either a U.S. citizen or permanent resident.

The above is information and not legal advice. It does not form an attorney client relationship. For further information, feel free to contact me at 818 609 1953 or [email protected].

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration and Nationality Law

State Bar of CA, Board of Legal Specialization

Yes, he will be able to obtain a permanent residence in the US if he entered the country legally. If that is not the case he can still apply for permanent residence if he qualifies under 245i, a law that allows an illegal alien to adjust status if he/she was a beneficiary of an immigrant petition (employment or family-based) filed before April 30, 2001. If your boyfriend entered the country illegally and does not qualify under 245i, he will have to leave the country to apply for immigrant visa at the consulate and would need a waiver.