Legal Question in Immigration Law in Nevada

I am a 23 year old permanent resident of the US, I just married my boyfriend (in the state of California) who has been in the US on a Student Visa but had fallen out of status about 5 months ago. What's the next step we can make for him to stay here legally? Will we need a lawyer?


Asked on 4/03/14, 8:04 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

His unlawful presence will be a bar to adjustment unless he is married to a U.S, citizen.

Therefore, he either needs to leave the country now (so you can file his I-130 petition & eventually his immigrant visa at the U.S. Consulate) or remain in the U.S. without authorization & wait until you become a U.S. citizen (so that he can adjust status).

If he accrues 180 days or more of unlawful presence, he will face a bar to re-entry, so you will need to make a decision quickly.

In this type of situation, it is never a bad idea to be represented by experienced & competent counsel (not all attorneys are competent, so do your research).

Good Luck!

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Answered on 4/04/14, 9:33 am


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