Legal Question in Immigration Law in Minnesota

The right question in this scenario should be: can they apply for his green card/permanent residency in the United States after expiration of his visa or authorized period of stay in the USA.

Marriage by itself doesn't make one legal. A foreigner still needs to petition the government to allow him to stay in USA. Any foreign citizen - even if married to a US citizen - can be deported if he is found to be removable. However, it is often possible to apply for permanent residency in USA based on a valid bona fide marriage to a USA citizen. If approved, one can become a resident in just a few months after applying.

I offer legal consultations and can 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 confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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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. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

If he is worried about his visa expiring and does not want to go out of status he could apply for an extension of his visa. Once his visa does expire he could be deported at anytime. However, if your daughter chooses to marry him, she could file an I-130 petition for him and he could file for his green card. If you have any other questions call 763 390 0246.

She can likely apply for his permanent residence after marriage and have him remain in the country while it is processing.

You may find detailed information here:

http://www.msclaw.com/Green_Card_for_Spouse.html

Is your daughter a U.S. Citizen? Does she have a green card (and if so, for how many years)?