Legal Question in Immigration Law in New York
My boyfriend is an Israeli citizen who came to US a few years ago. He has a tourist visa for 10 years. How can he work in the United States? I have heard that if he works for himself as self employed, then it is ok. We are also very serious and are planning on getting married in the near future. What are the procedures we would need to go through to legalize him in the United States?
3 Answers from Attorneys
I understand that your boyfriend came to USA as a tourist on a visitor's visa, which has a maximum authorized period of stay up to 6 months, and overstayed (never left). The fact that a visa in his passport is valid for 10 years, doesn't mean that he can live in USA for 10 years. The period of authorized stay is noted on his I-94 card.
He can't work for himself (be self-employed) unless he is authorized to work in USA.
After you two are married (and provided that you are a US citizen), you can petition for him, and he can apply for permanent residency (green card). This seems to be the only possible options after such a long overstay (a few years of illegal status).
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Self-employment does remedy your boyfriend's lack of authorization to work.
If you are a U.S. citizen, your boyfriend's overstay on his visitor visa will not prevent from being eligible to apply for permanent residence (a green card) immediately after you are married.That assumes he has no other complicating factors that would derail his application.
Please feel free to contact me if I can be of assistance to you. Best of luck.
If you marry him and you are a US Citizen, then he can apply for green card, if there are no other factors that can make him inadmissable. Also, there are certain ways to satisfied income requirements.
you can contact our firm for further details, and to review your case thoroughly.