Legal Question in Immigration Law in California

I am a green card holder since June 1, 2009. My fiance got a tourist visa & he came to visit me here in December 2012, he is still in the US, & he doesn't want to go back.

1) How can he stay here legally until I get my citizenship to apply for him?

2) How can he get a work permit?

3) Should we get married now? or should we wait till I am a citizen?

Asked on 3/05/13, 1:43 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law
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He can only remain in the U.S. legally if he can qualify for another non-immigrant visa status, There are too many to list here, but, in most cases, he would need an employer-sponsor & meet the other visa requirements. If he wants to study here, he will have to return home to apply for the F-1 visa abroad. USCIS does not like to give changes of status from B-2 to F-1.

He cannot get a "work permit" any time soon, unless he qualifies for an H-1B visa, which is too complicated to get into in this forum. You can find more information at www.uscis.gov & search for "H-1B".

If you get married now, he cannot immediately apply for a "greencard". I suggest waiting until you become a U.S. citizen. However, if he remains in the U.S. beyond the duration of his B-2 admission, he risks the possibility of Removal if he is caught without legal status, especially if he works without authorization.

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Answered on 3/06/13, 10:39 am

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