Q: immigration/marriage questions related to a permanent resident and over-stayed visa
I have immigration/marriage related questions. I'm a U.S. permanent resident and I obtained my green card via EB2. My boyfriend entered U.S. legally via H2B but over stayed more than 5 years. He's currently in U.S. He has never received deportation letter. I plan to seek U.S. citizenship but this won't likely to happen in 3 years. If I marry him now, does this marriage provide any status protection for him before I become a citizen? Specially, what kind of legal status will he gain from this marriage, will this marriage protect him from being deported? Another question is, will this marriage have any negative impact on my future citizenship application?
A: Marriage to a green card holder, by itself, will not provide any status protection for him before you become a US citizen but could be a basis for cancellation of removal if other requirements are met. The marriage will not have any negative impact on your future citizenship application. Consult in private with an immigration attorney.
A: You can marry now and not jeopardize your US Citizenship application. Once you become a US citizen, you can sponsor husband for his green card , despite his many years of overstay.
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A:
Marrying your boyfriend who has overstayed his visa by more than 5 years could have implications for both his immigration status and your future citizenship application. Here's what you should consider:
1. Spouse of a permanent resident: If you marry your boyfriend while being a permanent resident, he may be eligible for a family-based green card. However, because he overstayed his visa for more than 180 days, he would be subject to a 3 or 10-year bar from re-entering the U.S. if he leaves the country. To avoid this, he would need to apply for a provisional waiver before leaving the U.S. to attend his immigrant visa interview.
2. Protection from deportation: Marriage to a permanent resident does not automatically protect him from deportation proceedings. However, if he is placed in removal proceedings, he may be eligible to apply for relief from removal based on your marriage.
3. Impact on your citizenship application: Marrying someone who has overstayed their visa should not directly impact your eligibility for U.S. citizenship. However, if USCIS suspects that your marriage is fraudulent or entered into solely for immigration purposes, it could lead to scrutiny and potential delays or denial of your citizenship application.
It is essential to consult with an experienced immigration attorney to discuss your specific situation and explore the best options for your boyfriend to gain legal status and for you to pursue citizenship. An attorney can help you navigate the complex immigration system and minimize potential risks.
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