I am a Green Card holder for year.
My boyfriend came in the USA last year with a work visa.
He came twice before with a student visa.He doesn't have a legal status. He has a expired visa
You need to become a US citizen ... for which you appear to qualify in 4 more years.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Well if your boyfriend is here on a work visa, he is legal, so you don't need to worry about that. I guess you refered to help him become a permanent resident. Anyway, in order to be able to do that, first you will have to get married. Then you file a petition for alien relative. Regarding, you becoming a US citizen, considering that you are not married and received your green card just a year ago, I am going to assume that you will be able to apply for naturalization in approximately 4 years. There are many more details about this process that I think should be discussed in person with an immigration lawyer.
Once you two get married, you can sponsor him for a green card. The process will take between 1 and 2 years.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
In order to file an I-130 petition for your boyfriend, you first need to get married. After marriage, you can file the petition as a Lawful Permanent Resident. However, if your boyfriend's status has expired, you likely need to become a US citizen before boyfriend can adjust his status through your petition. One can generally apply for citizenship after 5 years as a permanent resident. If boyfriend is ever going to leave the United States he should understand the consequences of accruing unlawful presence. You and your boyfriend should consult with an immigration attorney.
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