Legal Question in Immigration Law in New Jersey

USA Entry via Visa/Passport
My Friends Boyfriend is a British Citizen and he enters the USA on the Visa Waiver Program which allows him to stay a max of 90 days. He has visited twice and left within that timeframe. He will be returning to the US again in a few months. They are considering marriage. What is the best way for them to handle this?? Also, Is there a way that the 90 days can be extended? A friend claims that he should be able to stay in the US for 6 months w/a British Passport is this true? Thank you in advance for your advise and would appreciate any info/direction you can give in regards to immigratiion related questions.

Asked on 4/07/04, 9:32 pm

3 Answers from Attorneys

Hamel Vyas Bagia&Associates

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Re: USA Entry via Visa/Passport

Those who enter on visa waiver cannot extend their stay. They are required to return to their home country. Generally, if your friend is US citizen, she can file for his green card once they marry. They should consult with an immigration attorney to ensure they are following proper procedures. Please contact my office if your friend would like assistance with this matter. (215)922-5354

Good luck!

Hamel Vyas,Esquire

Answered on 4/08/04, 9:12 am

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Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

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Re: USA Entry via Visa/Passport

Your friend's boyfriend should get a fiancee' visa to travel to the U.S. and marry there. Once married, the spouse can petition on his behalf for permanent residence. Alternatively, they should marry outside the U.S. and then petition for permanent residence. I'll be glad to offer more assistance for a nominal fee if additional consultation is needed.

Regards,

Answered on 4/08/04, 11:47 am

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Deborah Frankel Deborah Frankel

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Re: USA Entry via Visa/Passport

Call Allen Kaye (see contact details below) when he arrives. If he tells immigration that the purpose of his visit is to get married, they will bounce him. He should come on a round trip ticket to leave within 90 days. He can't get the period extended, but if he marries during this period, he won't have to leave. Part of the answer depends on where they would both live. If coming on the visa waivor program, he can't obtain a 6-month visa.

Deborah Frankel, Jersusalem, Israel

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Allen Kaye, New York, NY

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Answered on 4/11/04, 11:36 am

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