Legal Question in Immigration Law in Illinois

If he applies for extension, the application most likely will get denied since the previous change of status application was denied and the I-94 already expired. If his US citizen wife petitions him, he can apply for green card application. He might be able to study or work while waiting for the adjudication of his cases.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

If your son has a US citizen fiancee and they marry -- yes, after marriage, he can apply for a Green card through a process called 'adjustment of status'. Yes, as a permanent resident, he will be allowed to work or attend college.

Any other applications for 'change of status' will likely be denied.

He should be aware that now he is 'out of status' and therefore deportable/removable from the United States if apprehended by ICE prior to adjustment of status.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

Since your son's I-94 has expired, he will not be able to extend or change nonimmigrant visa status. He is out of status and can be removed from the U.S.

However, if your son is in a relationship with a U.S. citizen, after marriage all sponsorship paperwork can be filed concurrently (even though his I-94 has expired), allowing him to adjust status in the U.S. without having to depart the U.S.

If your son has questions, he can call our law firm at 212-268-3580 during business hours, or email [email protected]