I want to get married to my boyfriend, he is undocumented right now but entered the United States with a Visa and overstayed. I am currently in university and I work a part time job. We are both 20 and I wanted to know of he will be able to get a green card?
Yes you can apply for him. Must be married. I highly recommend you consult with an immigration attorney
JUST BECAUSE I ANSWER YOUR QUESTION, THAT DOES NOT MAKE YOU MY CLIENT.
Yes you can "sponsor" him. You should either get a Board Certified immigration or follow the instructions on the CIS website VERY carefully. You will file the I-130 and I-485, and the other forms altogether.
If you are a US Citizen and enter into a valid marriage with your foreign spouse, you can file a petition for an alien relative along with an application to adjust status for your husband since he entered on a valid visa. be prepared to provide evidence of a valid marriage. the process can take anywhere from 4 months to a year to process. I recommend you hire an experience attorney to represent you and your boyfriend in this matter.
Based on the little information given, there is a possibility he can get his legal permanent residency through you as his wife (assuming you're a US citizen). However, I strongly advise you consult with an experienced immigration attorney.
You and your boyfriend should definitely consult with a qualified Immigration Attorney; A United States Citizen may be eligible to petition for a spouse, even if the spouse overstayed. There are, however, other factors to consider: Does he have a prior deportation/ Removal Order?; Criminal History?; Visa Fraud?; Is he free to marry you? Previous Immigration issues?; your finances as a Petitioner/Sponsor; will you require a co-sponsor?
As a general disclaimer, I, nor my firm, is establishing an attorney-client relationship in replying to this post. I suggest that you retain legal counsel.
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