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Overstayed my Visa but married to or wanting to marry a United States Citizen. Can I adjust status or get a permanent visa (green card)?

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I entered the United States on a visitors visa and overstayed. Subsequently, I met my spouse and now am married to a US Citizen. Can I apply for a permanent visa or green card?

The response to this question is multi-layered. If you are the spouse of a US Citizen and were inspected upon entry, as an immediate relative, you may be eligible to adjust status even if you no longer are in status. An immediate relative is a spouse, unmarried child under 21, and parent of an United States Citizen (21 years or older). USCIS (United States Customs and Immigration Services) will look to see what your intent was when entering on a non-immigrant visa. If you entered the country on a visitors visa with the idea of just visiting but later overstayed the visa and married your USC spouse, you may be able to adjust status. Also it is important to ensure that when you secured the visa, it was based on full disclosure. You may also have to attend an interview with USCIS in support of your application. The facts of each case are different so it is vital to talk to an immigration attorney to see what your options are.

I came to the United States on an F1 visa. My F1 status has expired but I am now intending to marry my United States Citizen significant other. Can I adjust status?

Yes, you may be able to adjust status even if your F1 status has expired. Factors that will be reviewed prior to successful adjustment whether you secured the F1 visa for actual studies or for the purpose of entering the United States for staying permanently in the United States. Whether you provided truthful information when applying for your F1 visa? You will have to provide specific documentation to support your application and could be subject to an interview. The facts of each case are different so it is vital to talk to an immigration attorney to see all your options. Feel free to contact me at 1800-348-1370 to set up a consultation.

Disclaimer:

The information provided is of a general nature. No attorney-client relationship has been formed. If you need answers to your specific situation, please contact an immigration attorney.

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