Can I overstay my visa in the USA if I get married?

Can Overstaying Your Visa in the USA Be Resolved by Marriage?

Overstaying a visa in the United States can carry serious consequences, including deportation and being barred from future entry. However, marriage to a U.S. citizen can open up the possibility of adjusting one’s immigration status and potentially resolving overstay issues.

Adjustment of Status

The marriage of a non-immigrant to a U.S. citizen establishes a pathway to adjust their immigration status. This adjustment of status process typically begins with the non-immigrant filing a Form I-485, Application to Register Permanent Residence or Adjust Status. As part of the application, the non-immigrant must demonstrate that they entered the United States legally, overstayed inadvertently, and qualify for an immigration benefit through their U.S. citizen spouse.

Meeting Eligibility Requirements

To be eligible for adjustment of status based on marriage, the non-immigrant must:

• Prove a bona fide marriage to a U.S. citizen
• Have come to the United States lawfully
• Not have committed certain criminal offenses
• Not have engaged in any fraud or misrepresentation
• Be willing to depart the country and return to apply for an immigrant visa at a U.S. consulate abroad if necessary (known as consular processing)

Specific Circumstances and Waiver Options

In certain circumstances, a non-immigrant who has overstayed their visa for more than 180 days may still be eligible for adjustment of status if they can demonstrate exceptional hardship to themselves or their U.S. citizen spouse. They may also be eligible to apply for a waiver of inadmissibility due to their unlawful presence.

Applying for a Green Card

Once the adjustment of status application is approved, the non-immigrant may be granted a conditional green card. After two years of marriage, they can apply to remove the conditional status and receive a permanent green card.

Consular Processing

If the non-immigrant has overstayed their visa for more than one year, they may need to return to their home country and apply for an immigrant visa through consular processing. In this case, they must wait for an extended period before they can re-enter the United States.

Importance of Legal Assistance

Navigating the adjustment of status process can be complex. It is advisable to seek legal assistance from an experienced immigration attorney to ensure that all requirements are met and to maximize the chances of a successful outcome.