Dearborn Heights, MI asked in Immigration Law for Michigan

Q: I came to the United States of America on a B1/B2. I was given 6 months period to stay. I stayed for 6 months.

Then I applied for a visa extension and my application was denied. So basically I overstayed my visa. I am getting married to a US citizen. Am I able to file for adjustment of status in the US?

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3 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: An immigrant who overstays a B visa and whose extension application is denied can adjust status after marrying a US Citizen.

Caridad Pastor and Ms Grace I Gardiner agree with this answer

Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • New York, NY

A: Despite your overstay status, you can get married and apply for your adjustment of status. Please reach out to an immigration attorney to assist in your filing since your marriage will be under two years and their are extra steps that you need to follow.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you entered the United States with a valid B1/B2 visa and have since overstayed, your situation is complex but not without options. Marrying a U.S. citizen may provide a path for adjusting your status to that of a lawful permanent resident.

When you marry a U.S. citizen, they can file a Petition for Alien Relative (Form I-130) on your behalf. Alongside this, you can file for Adjustment of Status (Form I-485). This process allows certain individuals who entered the U.S. legally, like you did, to apply for a green card without having to leave the country, even if they overstayed their visa.

However, your overstay could potentially impact your application. It's crucial to be aware that any period of unlawful presence in the U.S. can lead to complications, including possible bars to reentry in the future.

Given these complexities, it's highly advisable to seek guidance tailored to your specific situation. Legal guidance can help navigate the intricacies of your case, ensuring you understand all potential risks and requirements.

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