Visa overstay, Indian man engaged to USC

[Imua 0]

My friend is in a terrible situation and I wish I knew the facts so I could make her feel better - she was weeping when she told me her story. She is a USC engaged to an Indian man who entered the US on an H-1B visa I believe - he was supposed to work for a certain company but did not take the job - on the advice of his lawyer he stayed in the US anyway . My friend and her fiance want to get married but are terrified that he will get deported and not be able to enter the US for 10 years - is there any way that they can legalize his status short of deportation??? Any advice from those in the know would be appreciated. I told her to come to this site but she doesn't have net access at home.

[spookyturtle 9,466]

His overstay will be forgiven by marriage to a US citizen. They can file for adjustment of status here in the US. The important thing is not to leave the US, that is when any ban he is subject to will take effect. How long has he been in the US? They will need to prove that he did not have intent to immigrate to US when he entered on the work visa. We need more details.

[tammy2688 1]

Pattu rani,

I believe what spooky turtle has said is true but not exactly sure on the legal matters. Her finace, if he could get a lawyer (who gave him bad advice) at that time, should get a really good one now to handle this matter. There is also similar topics on this forum and from what I have read, yes they can file for adjustment.

[Imua 0]

Thank you guys so much, I will tell her this information and especially it's important that he not leave the US. I will ask her more details, I knew that some people here had been through this experience and were able to get married and stay together in the US. I will probably have more questions once I have the details.

[GlobeHopperMama 95]

They really shouldn't have much trouble at all as long as he doesn't leave. Their best option is to get married and gather proof that he didn't intend to immigrate when he came. After that, it's a regular AOS process hopefully. I do agree, though. They should try to find a GOOD immigration lawyer, ideally one who has done cases like this before with success, at least to guide them through the intent to immigrate part of everything...