question

[naveenmadan82]

hi everyone i m new in this forum my question is that my one friend is came in usa last year on tourist visa and now he is living with her greencard holder girlfriend. if they marry how long time will take for his greencard ?

 

[praxx]

Read this page and find the category of your friend:

http://travel.state.gov/visa/bulletin/bulletin_5019.html

2A shows about a couple of years so that's probably what your friend is looking at.

 

[naveenmadan82]

thanx praxx

 

[praxx]

thanx praxx

Since I wrote that I found out it was the july bulletin. The latest visa numbers look much closer to current.

 

[Czech guy]

Last year on turist visa? What is your friends status as of today? Tourist visas are good for a few months with possibility of one extension. More than one extension is really hard to get. Is he still legal in the US?

 

[naveenmadan82]

no his status is not legal now

 

[praxx]

no his status is not legal now

He came under his own identity right? That's critical. Also did he take up unauthorized work and get paid via regular payroll and filled out an I-9 too?

 

[naveenmadan82]

no he is not working he is just leaving with her girlfriend

 

[Jackolantern]

If he is in the US illegally, he cannot get a green card while she is only a permanent resident. She has to become a US citizen if he is going to adjust status after an overstay.

However, if he leaves before his overstay is 180 days, he can pursue a green card through a US consulate.

But if his overstay is 180 days or more, he will be banned from the US for 3 years starting the day he leaves. 10 years if the overstay is a year or more.

When is his girlfriend eligible for US citizenship?

 

[praxx]

180 days is 6 months. When did he fall out of status?

 

[naveenmadan82]

his girlfriend eligible for US citizenship march 2011. he overstayed here more than 6 months.