Legal Question in Immigration Law in Massachusetts

So you are both out of status but your boyfriend has a sister who can petition for him. Unfortunately in this category it will take at least 8 years from the time his sister files for him before he can adjust status and obtain a green card. Visit the U.S. State Department site and look at the Visa Bulletin to get the exact dates. As far as 2012, if he is in removal/deportation proceedings he may apply for cancellation, however, this is extremely difficult to get. Again, he cannot simply apply for cancellation, he has to have been put into removal proceedings in Immigration Court. You, as a J1 visa holder will not be able to get a green card unless you either return to your home country or obtain a waiver from that requirement. I am based in New York City but am licensed in MA and lived there most of my life. You can call (646) 430 9384 x101 for a free consultation if you would like.

Unfortunately, even if you a married to your boyfriend (I understand that you are not married), and his sister petitions for him - neither one of you is eligible for adjustment of status because you are in unlawful status (out of status).

The law provides very narrow exception to the rule that an individual must be in a valid status in order to be eligible for adjustment of status.

Having come to USA on a J-1 visa, you need to clarify whether or not you have a 2-year foreign residency requirement. If yes, that will be an additional complication.

If you�d like to schedule a proper confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire and consultation fee instructions. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

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