Can My Boyfriend Adjust Status on an Expired Tourist Visa?

Julia asks: “My future husband and I want
to get married, he’s already in the USA his tourist visa has expired and I have no
idea what we need to do. I’m a US citizen and he is from Dominican
Republic.” We get asked this question quite a bit and
generally a foreign national is barred, what that mean’s it’s found inadmissible, when
adjusting status but there’s it was kind of a loophole if you will. If they’re married to a U.S. citizen or
they’re an immediate relative the US Department of Homeland Security and Department of State
generally waives that inadmissibility and they can go ahead and process their adjustment
of status. So, it is recommended that you go ahead and
file for adjustment of status and whatever you do do not leave this country. Now this is all providing that your fiancee
is admissible, meaning they have nothing in their background that would prevent them from
filing it or what caused them to get denied. That part of it is very important. If you feel that your fiancee is inadmissible,
meaning they do have something in their background or they entered the US illegally they were
uninspected, etc., you may want to consult with an immigration attorney, just to be sure. As long as you entered the United States legally
and you are married to a U.S. citizen, in most cases you are eligible to adjust your
status. That’s also known as applying for a green
card. Currently the process is taking about seven
to eight months. You would need to file your i-485 along with
quite a few supporting documents. With our service, we do include the other
documents required for the advanced parole. That’s your travel permit and as well as
your EAD, the employment authorization document. Just recently we also started offering an
installment payment plan for adjustment of status so if you’re interested in something
like that just give us a call.

3 thoughts on “Can My Boyfriend Adjust Status on an Expired Tourist Visa?

  1. I am talking to someone from the Philippines who is coming to the USA on a work visa through her employer in the Philippines she is a registered nurse and will be working and living in Charlotte NC for 2 years and is thinking about getting married will she be allowed to stay while going through the process of adjusting her status?

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