My bf has overstayed for 7 months on a tourist visa converted from a J visa. I'm about to start the EB2 green card process through my work. What options do we have as a couple to legalize him in the US? We are from 2 different nationalities.
Your boyfriend has to leave the country prior to him accumulating 180 days of "unlawful presence" upon the expiration of his latest status (tourist), after which the 3 year bar to readmission will apply to him. He will need to leave the country and "join" you from the consulate overseas, once (hopefully your EB2 (NIW? PERM?) GC process will be approved. He cannot wait here. Since he already fell out of status here, there is no way USCIS will reinstate or agree to adjust his status with yours upon your marriage and case approval. You would have to marry him prior to filing the EB-2 I-140 Petition, where you will have to list him as your husband.
This is the plan. The fact that you are from 2 different nationalities makes no difference whatsoever. If you play it right, when you get your GC here, husband will get it there at a consulate as "following to join", after you.
Good luck! BTW I am very experienced when it comes to National Interest Waiver self-petitions, as well as PERM. Do not hesitate to call me at the office.
Your boyfriend doesn't have many options. He can leave, hopefully before he triggers bars to his return, although it sounds as though he may already have done so. Or he can remain unlawfully present until you become a US citizen and adjust at that time. Not really a good option for him.
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