I overstayed my visa, and i'm married to US citizen, can I become a permanent resident?

Jun 3, 2020 by David J Rozas

I overstayed my visa, and i'm married to US citizen, can I become a permanent resident?

This short answer is yes. BUT, not always.  For example: You have come to the United States on a tourist visa from Peru.  Let's assume now that you entered in 2002 on a vacation and were going to see the world famous Walt Disney World in Orlando Florida.   Then, because of one reason or another, you ended up changing your mind and staying AFTER your tourist visa expired.  Oh NO!!!  Fast forward to today.  You have now fallen in love with a United States Citrizen and you have married her over 2 years ago.  Are you eligible to apply for residency from the United States?  

Again, the short answer is Yes.  First, because you have a legal entry into the United States, as long as you are not barred for any other reason, you are allowed to file for adjustment of status (to a Legal Permanent resident) EVEN IF you have overstayed your visa.  There are some exceptions to this rule. But, for the majority who are in similar situations such as these, the process is a simple but not easy process of ONE STEP ADJUSTMENT. 

These are the exact types of cases that we handle.  If you have a legal entry and are married to a United States Citizen, have not had any criminal history (or if you did we can analyze whether or not that fact will affect you), we can file a one step adjustment and file ALL OF THE PAPERWORK for you.  Within a short time frame, you will be able to get a LEGAL WORK PERMIT, possible ADVANCED PAROLE, and adjust here.  

You will have to proof that you have a bona fide marriage, will not become a public charge against the government, and deserve the discretionary decision to become a permanent resident.  

If you have a case like this, or you or your family member are looking to adjust status in the United States after overstaying your tourist visa, call us today at 225-478-1111 or fill out the form below.  

I look foward to speaking to you soon.

David Rozas

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