Legal Question in Immigration Law in New York
My boyfriend came in Us when he was 7 years old. he entered legally. He went to school and he doesn't have criminal record. His visa expired and he overstayed. He is 30 years old now. Any possibilities to become a citizen, or at least have a green card so he can travel. thanks
4 Answers from Attorneys
From the information you've provided, it sounds as if your boyfriend's only option for a green card will be to apply for a green card through marriage to a U.S. citizen. He most likely does not have the option of applying for a nonimmigrant visa (work visa, etc.).
If you'd like to discuss in more detail, please feel free to contact me at 212-643-0985 or visit www.LightmanLawFirm.com. If you'd like an overview of the marriage green card process please visit the following page: green card through marriage.
There one clear option: marriage to you (a USA citizen), and then applying for his adjustment of status (Green Card). He can become a citizen only after being a permanent resident for a certain number of years.
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Depending on his parents' immigration history, he may have the option to apply for a green card through work, but he would need to review that infomration with an immigration attorney. Otherwise, as indicated by the other replies, if he were to marry a US citizen, based on the information you provided, he would be immediately eligible to apply for permanent residence (green card) in the US. You should discuss all of his options with an immigration attorney before filing any application with USCIS.
Please note that thiis is general information only; it is not intended as a substitute for legal advice, and does not create an attorney-client relationship.
I would need more information regarding your particular case before I can comment on it properly.
However, what I would like to know is who brought your boyfriend into this country at the age of 7? If his parents did, have they become citizens or have a green card? If yes why did they not apply for him on their immigration petition?
He will have to apply for a green card and in doing so he will need to find a sponsor, that is the only thing he can do right now.
By the way, the immigration process involves him getting a temporary green card (which last for 2 years), then another interview where it is decided whether he should obtain a full green card for 10 years, before he can become a citizen.
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