Legal Question in Immigration Law in Massachusetts

Re: Immigrant issue

Since it seems that your boyfriend does not qualify to obtain a social security number right now, you will have to specify in the application and to the city hall that the social security number question does not apply to him. (in order to obtain a social security number, he must qualify for and have an adjustment of status application pending). From the facts of your case, it seems that your boyfriend came illegally and has remained without status in the USA. According to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA)of 1996, if a person accumulates 180 of illegal presence in the USA, he or she will not be able to return to the USA in 3 years. If a person accumulates more than one year of illegal presence, he or she will be barred from returning in 10 years. If your boyfriend had been a beneficiary of a qualifying immigration petition filed before April 30, 2001, he would have been 'grandfathered' under section 245(i) of the Immigration and Nationality Act, therefore, he would have been able to complete his adjustment of status process in the USA. Absent any previous qualifying applications on his behalf to grandfather him under that law, from the facts of your case it seems that if you were to marry him, he would not be able to complete his adjustment of status process while remaining in the USA. He would have to leave the USA and complete the process abroad. However, since he has accumulated illegal presence, he will be subject to either the 3 or the 10 years bar, therefore, you would have to submit a waiver on his behalf, which is subject to the consulate's approval, in order for him to try to come back to the USA sooner (than the 3 or 10 years, if the waiver is approved). If you have any further questions or need more information, do not hesitate to contact me. Good luck!