Legal Question in Immigration Law in New York

Re: immigration

Generally speaking, not, as he would not be eligible for adjustment of status (unless you become a U.S. citizen shortly). He probably would have to consular-process his visa (a choice of K-1, K-3 or IV depending on whether you are already married and your circumstances at the time) in his home country. Depending on the overstay and his immigration history, he may also need to apply for a waiver at the time he applies for his visa. Obtain the assistance of an immigration attorney to explore all of your and your fiance's options.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.