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My boyfriend came to the US from Africa on a student Visa that expired in 2008 and is now 33. Would he be eligible for amnesty?

Oswego, IL |

I believe he was over 21 when he came to the US. We are also considering getting married, would he be able to get a marriage license with an expired visa?

Attorney Answers 3


You must be referring to the deferred action program because there is no amnesty. No, your boyfriend would not be eligible.

Yes he can get a marriage license and you should talk to a lawyer about applying for him based on this marriage if you are a US citizen.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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I agree.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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If you are referring to DACA, then he is not eligible as he entered after the age of 16.

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