Overstayed OPT visa...what are the options?

A

amberrehman

Registered Users (C)
A relative came here on student visa and later after graduation was on the OPT visa which expired July 2009. Now he has been in the USA with no status for 11 months. What are the options for him?

If he marries a US citizen now and she sponsors him, will he have to leave the US or can the proceedings be done while staying here? I understand that there has been a change in law which requires him to go to his home country and wait for the green card before he can come back.

What are his options if he doesnt get married.

Please advise.
 
amberrehman said:
A relative came here on student visa and later after graduation was on the OPT visa which expired July 2009. Now he has been in the USA with no status for 11 months. What are the options for him?

If he marries a US citizen now and she sponsors him, will he have to leave the US or can the proceedings be done while staying here? I understand that there has been a change in law which requires him to go to his home country and wait for the green card before he can come back.

What are his options if he doesnt get married.

Please advise.
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He has no options if he is not married, he's illegal. Because he will have overstayed next month for a year he is subject to the 10 year ban.

If he gets married he does not need to leave the country. He can apply for AOS here in the U.S.
 
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