Legal Question in Immigration Law in Florida
Best way to stay in US legally
My boyfriend is in the US on an L1A Visa and is on his last extension which expires in 2009. Can he apply for and be granted a new L1 Visa since his circumstances have not changed or we have considered the possiblity of marriage, would that be the better route to pursue?
Thank you.
2 Answers from Attorneys
Re: Best way to stay in US legally
If your boyfriend's employer is not willing to sponsor him for lawful permanent residence, marriage to a U.S. citizen (presumably yourself) would indeed be another viable option for him.
Re: Best way to stay in US legally
L-1A status for executives and managers can be held for up to a total of 7 years. If he'll hit the 7 year mark in 2009, it will be difficult to get an extension- unless he's spent a significant period of the 7 years of L-1A time outside the USA. If your boyfriend is interested in obtaining permanent resident status in the USA (i.e., a green card), he may be eligible for sponsorship by his employer in the first preference category. The eligibility criteria to obtain such green card are comparable to those for obtaining an L-1A visa. Green card sponsorship based on marriage to a US citizen is also possible. However, keep in mind that if you have been married less than 2 years when the green card is obtained, he will only get conditional permanent resident status for 2 years, after which he'll need to "re-prove" his case to USCIS in order to have the condition lifted and maintain "regular" permanent resident status. There appear to be multiple options available to him, and sufficient "lead time" to pursue them. Please feel free to call me if you would like to discuss further.
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