Roswell, GA Immigration Law Firms & Lawyers

You will have to marry your boyfriend to assist him. Is there a reason that you cannot now marry? In order for him to obtain residence in the US he has to have entered legally and not be subject to a ground of inadmissibility (I.e. Certain crimes for example). If he entered illegally he might be eligible for the new provision waiver program which would require him to go to his home country but hopefully for a short period.

Although not completely clear from your question, I presume that you are a U.S. citizen, and that your fiance entered the U.S. lawfully and with inspection, but then overstayed his visa. Generally in that situation once the couple becomes married, they may file the necessary applications for the foreign national spouse to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"). The process would include disclosing the two traffic violations and supplying certified copies of the disposition documents.

An applicant for adjustment of status must provide truthful information. Failure to do so can constitute visa fraud and can have very harsh consequences. Generally when a foreign national has entered the U.S. lawfully and with inspection, and later has become married to a U.S. citizen, the couple can succeed with a marriage-based adjustment of status application in the Immediate Relative visa category. This is true regardless of whether the foreign national overstayed an initial visa and regardless of whether the foreign national may have been employed without authorization. Nonetheless, there are many details that have an impact upon eligibility, and there really is no substitute for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.