Bath, NY Immigration Law Firms & Lawyers

U.S.C.I.S. is most interested in N-400 applications with addresses near the time of filing to determine whether the case is properly filed. For mistakes in addresses, you can correct those with the immigration examiner at the time of the interview. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

No one gets automatically deported after overstaying his visa and no I-130 is guarantee of status or a successful case. However, an I-130 can be used to avoid deportation. If a person files an I-130 before a deportation proceeding starts, that is good, because any immigration case started after a deportation proceeding starts puts all the burden of proof on the defendant (the person facing deportation). That said, it is worth noting that an overstay makes a case more complex that usual because a person may need a waiver of unlawful presence. 

That is unclear, since the U. S. Consular Official must presume immigrant intent for every applicant who files a non-immigrant visitor visa. The applicant must 'overcome the presumption' of immigrant intent, which depends upon whether the consular official believes that the applicant will return to their home country before the expiration of the authorized stay. Also, a decision may depend upon whether your boyfriend is otherwise inadmissible for other reasons. Good luck.