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Can You Get a Green Card if You Overstay Your Visa?
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The process of changing one’s status from a nonimmigrant visa to a lawfully admitted permanent resident (green card holder) is known as adjustment of status. One starts this process by filing the appropriate paperwork with the United States Citizenship and Immigration Services (USCIS). Because of complications that often arise for many applicants, it is best to have an experienced immigration lawyer guide you. At Kriezelman Burton & Associates, LLC, we have experienced immigration lawyers who routinely help nonimmigrants in the Chicago area to adjust their status to green card holders.
Overstaying a Visa
A question we frequently get asked is whether you can get a green card if you overstay your visa. You overstay your visa if you have not left and have remained in the United States beyond the approved period. Your approved period of stay is as it is indicated on your form I-94 travel record.
Although foreign visitors arriving in the U.S. via air or sea are no longer required to complete the paper copies of Form I-94, this form is now issued and is available electronically. The form contains the visitor’s name and details of their arrival date and the date by which they’re expected to depart the U.S. This date does not necessarily match the visa expiry date on the visa stamp in your passport.
Unlawful Presence
If you do not depart from the United States before on or before your authorized period of stay in your Form I-94, you start accumulating what is known as “unlawful presence” from the day after you are supposed to leave the U.S. This unlawful presence time is the time you are in the United States without lawful immigration status.
If you entered the United States under the Visa Waiver Program (VWP), unlawful presence starts counting against you 90 days after your first day in the country. If you entered the United States on a nonimmigrant visa, unlawful presence starts counting 180 days after the entry date on your I-94 record.
Accruing unlawful presence has severe consequences based on the length of your unlawful presence. For example, if you leave the United States at some point after you have started accruing unlawful presence, you are subject to a 3-year bar or a 10-year bar from re-entering the United States. A 3-year bar applies if you were unlawfully present for more than 180 days but less than one year. The 10-year bar applies if you were unlawfully present for more than one year.
Effect of Overstaying on Green Card Application
You can apply and obtain your green card in the United States if you have overstayed your visa, but only if you meet certain conditions. For example, the harsh provision of unlawful presence will not apply to you if you are adjusting your status based on being an immediate relative of a United States citizen or are covered under what is known as “Section 234(i). An immediate relative is a spouse, unmarried child under the age of 21, or parents of a United States citizen.
If either of these situations applies in your case, then you can adjust your status to a green card holder without leaving the United States, assuming you meet all other requirements and are not otherwise barred from adjusting other grounds.
If you have overstayed your visa and are wondering if you can obtain a green card here in the United States, contact our office to discuss your options.
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My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
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