Legal Question in Immigration Law in Florida

Re: expired working visa

There are two options if he qualifies:

(1) He departs the U.S. and applies for another employment visa AND applies for a waiver of his overstay.

(2) He marries you, you file a relative petition, and then he departs to apply for a visa to re-enter the U.S. AND applies for a waiver for his overstay.

The difference between the two waivers mentioned above is that the first does not allow him to claim that you will have hardship without him. The second waiver, if you marry and can show hardship to you, allows him to claim that there will be substantial hardship to you if he cannot return to the U.S.

Waivers at U.S. consulates can be very complex and you should consult an attorney with experience in filing these types of cases.

Please feel free to contact me for more information.

Re: expired working visa

If he came legally, but his visa expired - and he has been here illegally for almost two years, his pretty much only way to get a green card is through a close relative - generally, a U.S. citizen wife.

So, unfortunately, there is no other way.

If he leaves the country now, he will be inadmissible for 10 years, because he overstayed his visa.

So - if you are a U.S. citizen and you are contemplating marriage, then he would be able to get his green card and travel.

Re: expired working visa

What kind of visa? If it expired, and he is still here, and wants to visit his family, why doesn't he just leave and you can petition for him on a fiance visa -- IF YOU WANT TO GET MARRIED! Not good to overstay and when he returns, in order to come back he will have to have a waiver approved to forgive his two years of overstay. You should, at a minimum, find a good lawyer. Soon. Good luck!