San Jacinto, CA Immigration Law Firms & Lawyers

If your fiance is a U.S. citizen and, after marriage, petitions the government for your green card, overstaying your admission will not disqualify you from adjustment of status in the U.S. If he is not a U.S. citizen (a lawful permanent resident, or an alien living in the U.S. of a non-immigrant visa, or a person without a legal immigrant status, you should get a consultation with an immigration attorney to have a detailed discussion of the options that might be available to you.

Please have your friend have a full consult with a competent immigration attorney. You can look at AILA.org or call your local chapter of the state bar as starters. Normally you can't self petition but his sister may be able to file the I-130 petition. It will take 10 years for him to get a green card through that route. He may need to depart the US to get the card which can trigger a ten year reentry bar. So please don't do anything without a consult. The attorney will need to know: how he or she entered, criminal history, if he has been the victim of a crime, if he has 245i protection.

If you are a U.S. Citizen you can petition your mother and, if you brother and sister in the U.S. are LPRs or USCs they can be the co-sponsors. If can also petition your brother who is outside the US, but he will not be able to immigrant to the U.S. for more than 10 years.