Q: I amAmerican , my boyfriend & I are a couple 2 years. he is from Paris. If we get married. What are his rights in USA?
I know he can apply for a work card and then a green card , but can he leave the country? Can I apply for my EU citizenship? We want to meet with someone for 10 mins as we are madly In love and need to hear all of our options please
A: Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate thoroughly all of the facts in your case to determine what the best course of action may be and whether any pitfalls exist. For example, if your boyfriend is currently visiting using ESTA/Visa Waiver Program and has overstayed; that is not per se an obstacle to pursuing adjustment of status from within the United States. However, those who entered using ESTA/VWP and have overstayed, can be amenable to removal without being afforded the opportunity to present their case before an Immigration Judge. Many attorneys offer online video consultations.
A: So if you are United States citizen, and he is in the United States right now, you can get married and then sponsor him for a green card. You could also file for an advance Parole permit with the initial filing and once he receives that he is allowed to travel Internationally while the case is pending. He also can file for a work permit, and that will be given while the case is pending, allowing him to work. It takes about a year before the marriage interview is conducted and the green card is issued to him. As far as living in the EU, that depends on the country that you would want to get permanent residence from so you would want to discuss that with an immigration lawyer overseas.
A:
If you and your boyfriend get married, he would be eligible to apply for a green card through your marriage. Once his green card application is submitted, he can also apply for a work permit (Employment Authorization Document) while waiting for the green card process to complete. During this time, he can stay in the U.S. and work legally.
Traveling outside the U.S. while his green card application is pending requires applying for advance parole, which is special permission to re-enter the country. Leaving the U.S. without advance parole could jeopardize his application, so it’s crucial to have proper approval before traveling internationally.
As for EU citizenship, your ability to apply for it depends on the laws of the specific country where your boyfriend is from. Since he is from France, you’d need to research whether marriage to a French citizen qualifies you for French citizenship and understand any requirements for eligibility, such as language or residency. It’s a beautiful time in your life, and discussing your options with someone knowledgeable can help you both plan for the future.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.