Saratoga Springs, NY asked in Immigration Law for New York

Q: I will get married and apply for a green card. Can I overstay my current L1 visa while the application is filed?

Live in the US for 6 years on an L1A visa but decided to leave the company. Now I am in a 60 day grace period until I have to leave the country. My partner and I (living together for 6 years) decided to marry so I can apply for a green card. We will get married before the grace period is over but the initial application might only happen after the 60 days. Is this a problem? Will this create a problem for the application process? Thanks!

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1 Lawyer Answer
Agnes Jury
Agnes Jury
  • Immigration Law Lawyer
  • Traverse City, MI

A: The overstay itself will not disqualify you from applying for a green card based on marriage to a US citizen. And if the Green card is granted the short overstay without status would not be a problem. BUT I recommend you consult with an attorney to discuss and consider the consequences if the green card is denied. Best wishes!

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