Combes, TX Immigration Law Firms & Lawyers

By entering without inspection and staying over 1 year, your boyfriend earned himself a 10-year bar from any legal entry into the U.S. It means that, even if you get married and you file an I-130 immigrant petition for him, he would not be able to come to the U.S. for 6.5 years. The only exception can be granted if you have some special circumstances that make keeping your husband out of the U.S. an extreme hardship for you. If you think this might be the case, talk to an immigration attorney.

There is no specific attitude one way or another to the Peruvian nationality insofar as overstaying a US visa is concerned. Anyone who overstays for 180 days is barred from return for three years and if the overstay is one year, the bar is 10 years. The bar would be enforced in the event that you left the country and had to return. Further individuals who are overstays may be caught and have to go through immigration court proceedings to decide whether they should be removed from the country. At the present time, being an overstay is not a crime, but considered a civil violation.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.  

A Lawful Permanent Resident may apply to become a naturalized citizen after five years, despite the termination of her marriage to the U.S. Citizen spouse who had sponsored her for a Green Card. This is true even if the divorce took place not long after she obtained her Green Card. In the naturalization process, however, it would be wise to anticipate the USCIS adjudicating officer inquiring about the divorce and its timing, and to be prepared to supply documentary evidence to prove that upon the date of the successful adjustment of status, the couple was living together in a bona fide marriage notwithstanding that it was troubled and soon ended. Especially with the complication you described, it would be wise to engage an immigration attorney to review the relevant details and circumstances and to provide representation for the naturalization process.