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My friend got married to a US citizen and has applied for his immigration through a lawyer. He is waiting to undergo his medical examination by a certified medical doctor before his interview. He was a software professional who got laid off before his marriage. Now he is still looking for a job...

My friend came in on a H1-B and was laid off within a month of coming here, but he stayed on to search for another job. He has a girlfriend who is a US Citizen. She wishes to marry him and apply for his Green Card. Would the INS consider such an application or would the INS consider him out of...