Resident

[Shotta558 17]

Hi I have a friend that's a resident his girlfriend is illegal she overstayed her visa if he were to marry her would that help her situation to stay in the United States

[Boiler 45,538]

Eventually it would, certainly would not do any harm.

[Crazy Cat 41,893]

No.....

[aaron2020 11,651]

No since visa overstay is not forgiven for the spouse of an LPR.

 

A visa overstay is forgiven for the spouse of a USC who adjusts status.  

[HRQX 4,145]

8 minutes ago, Shotta558 said:

Hi I have a friend that's a resident his girlfriend is illegal she overstayed her visa if he were to marry her would that help her situation to stay in the United States

Currently, no: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3 If he becomes a citizen, then the bar to adjustment wouldn't apply to her. The caveat is that the N-400 asks about spouse's immigration status: https://www.uscis.gov/system/files_force/archive/delete/n-400.pdf Part 10 Question 7.C.

[Boiler 45,538]

A longer process but an option assuming the Friend wants to participate there is a route.

[Russ&Caro 1,549]

If OP's friend, as a resident, acquired his green card through marriage (now presumably divorced), isn't there a further delay, beyond naturalizing, before he can submit an i130 application?

[Boiler 45,538]

He said he was a resident, there seem to be an assumption that means LPR and it may or may not.

 

Assuming he is a LPR then there are still options and without knowing ore info difficult to say which would be best. This also assumes he would want to, maybe they were thing marriage by itself would deal with the situation, who knows?

[Unlockable 7,314]

12 hours ago, Shotta558 said:

Hi I have a friend that's a resident his girlfriend is illegal she overstayed her visa if he were to marry her would that help her situation to stay in the United States

@Shotta558, the short answer is no. But we need more info.

 

How did your friend obtain his green card? And how long has he had it?

[Shotta558 17]

Unlockable he got his residence through marriage he's divorce he had the residency about 3 years

[Boiler 45,538]

Well he has options, does he want to marry her and go through the process.

[Ontarkie 14,228]

~~Moved to Bringing Family of Permanent Resident, from US Citizenship General Discussion.~~

[SusieQQQ 11,586]

3 hours ago, Shotta558 said:

Unlockable he got his residence through marriage he's divorce he had the residency about 3 years

You mean he has had his green card 3 years? But now divorced? When was his ROC complete? 

He can apply for naturalization after he has had his GC five years (it could take another year after applying to actually become a citizen). Once he has done that, assuming his application is successful, he can marry and apply for her, if she has not yet been deported by then, then her overstay will be forgiven. 

I feel compelled to point out that with such a short marriage/divorce/new relationship serious enough to look at marriage process, he should probably expect quite a lot of scrutiny during his citizenship application. 

[HRQX 4,145]

21 minutes ago, SusieQQQ said:

he should probably expect quite a lot of scrutiny during his citizenship application. 

And the DOJ's strict interpretation of 8 U.S. Code § 1324(a)(1)(A)(iii) would result in a "Yes" answer for Part 12 Question 22 of the N-400 once they start living together.

https://cliniclegal.org/sites/default/files/finalharboring103107logo.pdf

https://www.ilrc.org/sites/default/files/resources/naturalization_field_guide-20181221.pdf