Is an Illegal immigrant (overstayed visa) able to get H4 visa thru H1 holder or greencard thru a LPR?

Question

Is an Illegal immigrant (overstayed visa) able to get H4 visa thru H1 holder or greencard thru a LPR?

Anonymous Apr 27, 2009 2 views 2 answers

I am currently on the 2nd extension of my H1-B immigrant workers visa. My company recently started the process for employment base greencard of which I just received an approval on my labor certification. I am about to file my I-140 but I have a long wait to file the actual greencard because I am in the Eb-3 category. I am aware that I can extend my H1-B visa for 1 year at a time after the 6years elapses as long as I have filed and gotten the labor certification approval...I think... my question is my boyfriend came to the US as a child in 1997 on a visiting visa and never returned. If I do get approved for the greencard, can he adjust status without leaving the US if we get married? Also could be be approved for and H4 visa thru my H1-B if we get married? What are our choices?

Elaine Martin · Accepted Answer · 2026-06-15T10:26:34+00:00

You can get one year extensions of your H-1B once the labor cert. was filed a year before the H-1B maximum time ends. You can also get 3-year H-1B extensions if the I-140 is approved but your priority date is backlogged. Your boyfriend would not be able to get permanent residence of a H-4 easily even if you were married. He overstayed his authorized stay by over one year, so he is barred from returning to the US for 10 years if he leaves. There are some exceptions for time spent here as a child. He would need to leave to go through the interview process at a consulate, because CIS would not change his status or approve permanent residence without him going to a consulate. I recommend speaking with an immigration lawyer to discuss in detail.

Alex Meyerovich · Accepted Answer · 2026-06-15T10:26:34+00:00

The only practical solution available to your boyfriend will materialize after you become a US Citizen and based on your situation it might be years away. There is a hope that Congress will pass some form of immigration reform and your boyfriend may become eligible for some sort of immigrant visa. However, don't get discouraged and if you are marrying in good faith, time does fly by. Please contact an experienced immigration attorney to discuss possible issues with your particular case. Immigration law is a federal law and a lawyer licensed in any state can assist you in your case. The responses and information are intended to be general and should not be relied upon for any specific situation. Best of Luck! Alex Meyerovich 4270 Main Street, Suite 304 Bridgeport, CT 06606 [email protected]

Is an Illegal immigrant (overstayed visa) able to get H4 visa thru H1 holder or greencard thru a LPR?

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