What Happens if You Overstay Your Visa and Get Married?

Jun 3, 2020 by David J Rozas

What Happens if You Overstay Your Visa and Get Married?
US Visa attorney in Baton rouge

What happens if you overstay your visa and get married?

You may be wondering, "I overstayed a visa and married a u.s. citizen. Can i successfully apply for a green card?" 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  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  fallen in love with a United States citizen and got married over 2 years ago.  Are you eligible to apply for residency from the United States?  

Again, the short answer is yes.  The first reason is because you legally entered 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 legally entered the U.S., are married to a United States citizen, and have not conducted any illegal activity and obtained a criminal history (if you have we can determine whether or not it 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, a possible advanced parole, and the ability to get adjusted in this country.

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

Experienced Immigration Attorneys in Baton Rouge, LA

You need an experienced Louisiana immigration visa lawyer on your side when you are dealing with Marriage Visas and other immigration laws. The law is complex, and having an experienced immigration attorney at your side can make all the difference. One of our dedicated immigration lawyers at Rozas & Associates can help you fight through any immigration case you have including cases involving detention centers, asylum, employment visas, and much more! We are here for you on your path to citizenship! 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 schedule your free immigration consultation online!  

I look foward to speaking to you soon.

David Rozas

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