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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Exceptional Legal Representation I want to sincerely thank Kevin Raica for handling my case so efficiently. From our very first meeting, he demonstrated confidence and a clear plan for moving forward, which put us at ease right away. He kept the process moving and resolved our case in a timely manner. His professionalism and dedication made a stressful situation much easier to navigate. I have already recommended his services to…
Kriezelman Burton & Associate are Excellent immigration law firm that understands and guide one through any immigration cases. Attorney Khiabett is one of their best attorneys you can trust, she understands, patient, attentive, and gives honest advice about any immigration case her client has. I HIGHLY recommend the law firm to anyone having immigration concerns. Thank you for all you do.
Outstanding experience and successful Green Card approval with Kriezelman Burton & Associates, LLC! The immigration process can often be stressful and overwhelming, but working with Kriezelman Burton & Associates, LLC in Chicago made the entire journey smooth, transparent, and successful from start to finish. I want to express my deepest gratitude to Justin Burton for his exceptional professionalism, strategic guidance, and confidence from day one. Knowing my case was in…
Great lawyer, helped us to get a green card in few months, so thanks a lot. Recommended
Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
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…
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