I entered the country with my parents with a visa, but it expired a few years later. I have been living in the country illegally ever since. My boyfriend wants us to get married and we want to fix my immigration status. What is the process?
4 Answers from Attorneys
If your boyfried is a US citizen, you may apply for green card if you marry him. We suggest you to consult with an immigration attorney.
You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected] Thank you.
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Yes, you might be able to become a permanent resident (condtional resident, at first) if you marry your US citizen boyfriend, and apply for adjustment of status. Provided that you have your old passport, visa, I-94 card, evidence of lawful admission and inspection - you should be eligible for adjustment (without having to go back to your home country). Of course, I don't know what visa you had when you came to USA, etc (some visas can make it more difficult).
In your situation, marriage to your US citizen boyfriend seems to be the only way to adjust status (as you didn't indicate if you have any other eligibility grounds).
If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.
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If you entered the U.S. on a visitor visa or most other visas, and have not misplaced important documents such as passport and I-94 that evidence legal entry, you can adjust status in the U.S. based on marriage to a U.S. citizen.
Please call our law firm at 212-268-3580 during business hours, or email [email protected] for additional guidance.
The process is as follows:
After you get married, file an I-130 Alien Relative Petition concurrently with an I-485 Adjustment of Status Petition, along with accompanying Biographical Data Forms G-325, Medical Examination I-693, Employment Authorization Document Form I-765, as well as an Affidavit of Support form I-864.
All of these completed Forms should optimally be accompanied by a Cover Letter explaining any and all legal issues or complications that may or may not exist, an explanation thereof, as well as thorouughly packed with plenty of Documentary Exhibits accompanying each separate Form.
Optimally you should file all of this clipped together along with the requisite filing fees as shown on the separate Forms, and mail it to USCIS.
Your Receipt Notices will arrive within a few weeks, showing they cashed your Filing Fee checks, along with your Case Number which you can track on www.uscis.gov.
Shortly thereafter you should receive both your Work Authorization card as well as your Travel Documents after Biometric scheduling.
Then you will get an Interview Notice.
Prepare very well for that phase and all should go swimmingly.
Hopefully you will not get "Stoked." ie, a "Stokes Interview," wherein they may probe deeper into the validity of your marriage.
If all goes well you should be done with the entire process in under a year.
Call our Law Office at (212) 968-8600 or Toll Free at (866) 761-5308 if you have any additional questions.