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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I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
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