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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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.
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 for standing by me during such…
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Mr. Jeffery and Mr. Kevin Racia were the attorneys handling a complex immigration case of mine. On the assurance of both attorneys that the case is going to be presented in a systematic way, I went ahead with confidence. I was able to become a legal permanent resident. I highly recommend Kriezelman Burton & Associates, LLC for all your immigration needs.
Thank you, thank you, thank you to the remarkable team of Khiabett Osuna, Brittani Rivera, and Rafael Rodriguez, who were responsible for the successful release from detention of one of our parishioners, husband and father of four, after over 10 weeks of incarceration. From his detention to the payment of his bail and from Immigration Court to his reunion with his family, there were blessings aplenty made possible through the…
I would like to express my sincere gratitude to my attorney, Brittni Rivera, for her professionalism and support during a very difficult time. I was in detention for 6 months, and thanks to her hard work and filing a habeas corpus petition, I was finally released. In addition, when I was released, ICE did not return my documents. Brittni did not ignore this issue — she took action and successfully…
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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…
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