Overstaying a visa in the US, even by just a few days, can have long-lasting implications legal and immigration consequences. While some individuals may seek to marry a US citizen in the hopes of resolving their immigration status, this situation can be complex and fraught with potential legal challenges. It’s important to understand that marrying a US citizen does not automatically resolve the issues caused by overstaying a visa. In fact, it can introduce a new set of complications, such as possible bans on re-entry, deportation risks and difficulty adjusting status.

This article will explore the potential immigration consequences of overstaying a visa and marrying a US citizen. We’ll cover the legal implications of overstaying, the process of adjusting status through marriage, the availability of waivers, and the risks involved.

Section A: Understanding Visa Overstay and Its Consequences

Overstaying a visa refers to circumstances when an individual remains in the US beyond the expiration date of their authorized stay, as specified on their visa or the I-94 arrival/departure record.

Overstaying can happen unintentionally or as a result of changing personal circumstances. However, regardless of the reason, overstaying a visa can result in serious legal consequences that may affect an individual’s future ability to enter or stay in the US.

1. Common Overstay Scenarios

Many visitors come to the US on a B1/B2 tourist visa for leisure, business, or medical purposes. If they remain past the allowed period, they are considered to have overstayed their visa.

Students in the US on academic, exchange, or vocational programs may overstay their visa by continuing to remain in the US after completing their studies or failing to follow the necessary steps to extend their visa.

People working in the US on temporary work visas may stay longer than permitted due to job changes, lack of awareness of visa expiration, or delays in renewal or extension applications.

2. Legal Implications of Overstaying a Visa

The legal consequences of overstaying a visa can be severe and vary depending on the length of the overstay. When someone overstays their visa, they are considered to be in the US unlawfully, which can lead to penalties such as:

a. Deportation or Removal Proceedings

The US government may initiate removal proceedings for individuals who overstay their visa. This means the person could be ordered to leave the country and may face difficulties re-entering in the future.

b. Inadmissibility and Bans on Re-Entry

Depending on how long someone overstays, they may face a bar on re-entering the US for a set period. For instance, if someone overstays their visa by more than 180 days but less than a year, they could be barred from re-entering for three years. If they overstay for more than a year, the bar extends to ten years.

3. 180-Day vs. 365-Day Rule for Unlawful Presence

One of the most important aspects of overstaying a visa is the concept of “unlawful presence.” The consequences for overstaying a visa are linked to how long someone remains in the US unlawfully. Under US immigration law, the penalties for overstaying can be categorized based on two key timeframes:

a. 180 Days

If an individual overstays by 180 days or more but less than one year, they will trigger a three-year re-entry bar. This means they cannot return to the US for three years if they leave the country.

b. 365 Days or More

If the overstay exceeds one year, the individual triggers a ten-year re-entry bar. This is a much longer penalty, preventing the person from returning to the US for a decade.

[insert table 5: Visa Overstay Consequences]

Section B: Can You Get Married While on an Expired Visa?

If you find yourself in the situation of overstaying a visa in the US, you may wonder if marrying a US citizen could help resolve your immigration status. While marriage to a US citizen can be a pathway to legal status for many individuals, it doesn’t automatically solve the complications created by overstaying a visa. However, the process is nuanced, and there are legal considerations that must be taken into account when marrying while on an expired visa.

1. Marriage to a US Citizen and Immigration Status

Legally, individuals who are in the US on an expired visa are still allowed to marry a US citizen. The act of marriage itself is not illegal, but it does not automatically confer any immediate legal benefits. Marrying a US citizen does not automatically “fix” your overstay or erase the penalties associated with unlawful presence. However, the marriage can be an important step in the process of adjusting your immigration status.

When you marry a US citizen, you may be eligible to apply for a green card (lawful permanent residency) through a process known as adjustment of status.

However, the US government may still consider your overstay when reviewing your application. In particular, USCIS will evaluate whether your overstay exceeds the limits that trigger re-entry bars (180 days or 365 days), which can complicate your case.

Specifically, if you have overstayed by more than 180 days but less than one year, leaving the US to attend an immigration interview could trigger a three-year re-entry bar. If you have overstayed for over a year, leaving the US could result in a ten-year re-entry bar. This means that you could be barred from re-entering the US for a significant period if you leave to process your green card application abroad.

This evaluation can result in delays in your application process or even lead to denial if you are deemed inadmissible due to unlawful presence. In some cases, you may need to apply for a waiver of inadmissibility to overcome the penalties associated with overstaying.

2. Does Marriage Impact Immigration Penalties?

While marriage itself does not remove the penalties of overstaying a visa, it does provide a legal route to apply for a green card. The penalties for overstaying, such as the risk of deportation or re-entry bars, remain in effect until your status is officially adjusted. The USCIS will carefully scrutinize your case, and the length of your overstay may influence whether you qualify for a waiver or face deportation.

Importantly, you will need to apply for adjustment of status within the US (if eligible) rather than leave the country, as leaving the US while your application is pending could trigger the re-entry bar.

3. Marriage to a US Citizen vs. a Lawful Permanent Resident

There is a key difference in immigration benefits depending on whether you marry a US citizen or a lawful permanent resident (green card holder). If you marry a US citizen, you are immediately eligible to apply for a green card through the adjustment of status process, regardless of your unlawful presence.

On the other hand, if you marry a lawful permanent resident, the process becomes more complicated. While you can still apply for a green card, you may face longer wait times because green card availability is limited for spouses of lawful permanent residents. Additionally, the penalties for unlawful presence still apply, and you may be subject to the same re-entry bars if your application is denied or delayed.

In both cases, marrying a US citizen or lawful permanent resident does not automatically erase the consequences of overstaying a visa, but it does open a pathway for applying for a green card. It is crucial to understand the specific immigration rules that apply in your situation and seek legal guidance to navigate the process.

Section C: Immigration Consequences After Marriage to a US Citizen

Marriage to a US citizen can offer a potential pathway to lawful permanent residency or a green card for individuals who have overstayed their visa. However, while the marriage itself may create an opportunity for adjusting status, it also introduces complex legal issues and potential risks for individuals who have accumulated unlawful presence in the US.

1. How Marriage to a US Citizen Affects the Overstay Situation

One of the key benefits of marrying a US citizen is that it allows you to apply for a green card without having to leave the US, even if you have overstayed your visa.

However, overstaying a visa can complicate the process of adjustment. The US government generally takes a strict stance on unlawful presence, and individuals who have overstayed may face legal hurdles in applying for a green card.

2. Adjusting Status After Marriage to a US Citizen

The process of adjusting status, or changing your immigration status from an overstayed visa to lawful permanent residency, involves several steps.

Step 1: Filing for Adjustment of Status

The first step in the process is filing Form I-485, Application to Register Permanent Residence or Adjust Status. This application is typically filed after your US citizen spouse submits Form I-130, Petition for Alien Relative, on your behalf. The I-130 establishes the legitimacy of your marriage and your eligibility to immigrate based on the marriage.

Step 2: Supporting Documentation

Along with your I-485 application, you will need to submit various supporting documents, including:

a. Proof of US citizenship of your spouse (e.g., birth certificate, passport)
b. A copy of your marriage certificate
c. Proof of your lawful entry into the US (if available)
d. Copies of your passport, visa, and I-94 records
e. Evidence of your continued relationship with your spouse (e.g., joint bank accounts, shared bills)
f. Financial support documents (Form I-864, Affidavit of Support, from your US citizen spouse)

Step 3: Medical Exam

As part of the green card application, you will need to undergo a medical examination by an approved physician. This is to ensure that you do not have any health conditions that would make you inadmissible to the US.

Step 4: Biometrics Appointment

You will be required to attend a biometrics appointment where your fingerprints and photographs will be taken for background checks.

Step 5: Interviews

The final step in the adjustment process is the immigration interview. Both you and your US citizen spouse will attend this interview at a US Citizenship and Immigration Services (USCIS) office. During the interview, a USCIS officer will ask questions about your relationship to verify the authenticity of the marriage. It is essential to prepare for the interview by having all required documentation and being able to provide truthful answers to questions.

3. Risks and Waivers When Applying for a Green Card After Overstaying

While marrying a US citizen offers a pathway to a green card, applying for adjustment of status while having overstayed your visa carries inherent risks. The primary concern is inadmissibility due to unlawful presence. If you have overstayed your visa, you may be considered inadmissible to the US. This means that even though you are married to a US citizen, you may face obstacles when applying for a green card.

In some cases, you may be able to apply for a waiver of inadmissibility to overcome the penalties associated with unlawful presence. The most common waivers are:

a. I-601 Waiver (Application for Waiver of Grounds of Inadmissibility)

This waiver is available to individuals who have been unlawfully present in the US for over 180 days but less than a year. It allows them to apply for a green card while remaining in the US without facing the three-year re-entry bar.

b. I-601A Provisional Waiver

This waiver allows individuals to apply for a waiver of unlawful presence before leaving the US for consular processing. The I-601A waiver is particularly beneficial for individuals who would face a lengthy re-entry bar after leaving the US.

[Insert table 3: I-601A and I-601 Waivers Comparison]

However, applying for a waiver can be a lengthy and complex process, and not everyone is eligible for one. In some cases, the waiver may be denied, which could result in additional delays or risks of deportation.

Section D: The Role of Waivers in Overstay Cases

When an individual has overstayed their visa in the US, one of the most significant barriers to obtaining lawful permanent residency (a green card) is inadmissibility due to unlawful presence. However, in certain situations, individuals may be able to overcome this inadmissibility through a process called waiver of inadmissibility. A waiver essentially forgives the violation of immigration law under specific conditions.

1. Types of Waivers Available

There are two primary waivers available for individuals who have overstayed their visa and are seeking a green card: the I-601 Waiver and the I-601A Provisional Waiver. Both waivers serve similar purposes but are applied in different contexts.

a. I-601 Waiver (Application for Waiver of Grounds of Inadmissibility)

The I-601 waiver is used for individuals who are applying for a green card from within the US or through consular processing (i.e., outside the US). It is typically used when someone has accumulated unlawful presence in the US for more than 180 days, triggering either the three-year or ten-year re-entry bar. The I-601 waiver allows applicants to request forgiveness for their unlawful presence, provided they can demonstrate that their US citizen or lawful permanent resident spouse or parent would suffer extreme hardship if the applicant is not allowed to remain in the US or re-enter the country.

b. I-601A Waiver (Provisional Waiver of Unlawful Presence)

The I-601A waiver is a more recent development that allows certain individuals who are in the US illegally to apply for a waiver before leaving the US for consular processing. This provisional waiver helps individuals avoid the three-year or ten-year re-entry bar by allowing them to apply for the waiver in advance while still in the US rather than after leaving. This is a significant advantage because it reduces the time an applicant must spend outside the US while waiting for approval. The I-601A waiver is available to individuals who are the immediate relatives of US citizens (spouses, children, and parents).

2. Eligibility Criteria for a Waiver of Inadmissibility

To qualify for either the I-601 or I-601A waiver, applicants must meet certain eligibility requirements. These include:

a. Family Relationship Requirement

The applicant must be able to demonstrate a qualifying family relationship with a US citizen or lawful permanent resident. Typically, this means being married to a US citizen, being the child or parent of a US citizen, or being the parent of a lawful permanent resident.

b. Unlawful Presence

The individual must have accrued unlawful presence in the US for more than 180 days but less than one year or more than one year. The applicant’s unlawful stay in the US must be the primary reason for their inadmissibility.

c. Extreme Hardship

To qualify for the waiver, the applicant must demonstrate that their US citizen or lawful permanent resident spouse or parent would experience extreme hardship if they are not granted a green card. Extreme hardship is a high standard to meet and can include factors such as health conditions, financial hardship, emotional distress, or any other significant difficulty the qualifying relative would face if the applicant were not permitted to remain in the US or re-enter after leaving.

It’s important to note that the hardship does not have to be experienced by the applicant themselves but must be demonstrated by the US citizen or lawful permanent resident relative. The hardship must be “extreme,” meaning it goes beyond what would be considered a typical family separation.

3. How to Apply for a Waiver and Overcome Inadmissibility

Applying for a waiver involves a series of steps and requires careful documentation to prove eligibility.

Step 1: Determine Eligibility

Before applying, it is essential to determine whether you are eligible for a waiver based on your situation. If you are applying for a green card while in the US, the I-601 waiver will generally be necessary. If you are outside the US and need to avoid the re-entry bar, the I-601A waiver may be the appropriate option.

Step 2: Prepare Supporting Evidence

Both waivers require comprehensive evidence to support the claim of extreme hardship. This includes medical records, financial records, affidavits from family members, and any other documentation that helps demonstrate the hardship that the US citizen or lawful permanent resident relative would suffer if the applicant were denied entry or forced to remain outside the US during processing.

Step 3: File the Waiver Application

If you are applying from within the US, you will file the I-601 waiver along with your adjustment of status (Form I-485) or consular processing documentation. It is important to follow the instructions on the USCIS website when filing and submitting your application.

If you are applying for the provisional waiver while still in the US, you must file the I-601A waiver form with USCIS. Once approved, you will leave the US to attend your consular interview, where the waiver will be finalized.

Step 4: Wait for Approval

Waiver applications can take several months to process. During this time, USCIS or the US consulate will review your application and evidence of hardship. If your application is approved, you will proceed with your green card or visa application process. If the waiver is denied, you may be able to appeal the decision or explore alternative immigration options.

Step 5: Attend the Immigration Interview

If you are applying for a green card after leaving the US for consular processing, you will attend an interview at the US embassy or consulate in your home country. If you are approved for the waiver, the consulate will issue your visa, and you will be able to return to the US.

Section E: Potential Risks and Challenges

Seeking a status adjustment in the US after overstaying a visa can be a complicated and risky process. While marriage to a US citizen may open the door to applying for a green card, the road to permanent residency is fraught with potential obstacles. Overstayers face unique challenges that can lead to delays, denials, and even deportation proceedings.

1. Challenges in Seeking Status Adjustment After Overstaying

One of the most common challenges faced by individuals seeking status adjustment after overstaying is the lengthy processing times. Immigration applications, particularly those for adjustment of status, can take many months or even years to process. During this time, applicants may face prolonged uncertainty about their status and future in the US. The processing times can be particularly long if additional documentation or evidence is requested by USCIS or if the applicant’s case is deemed complex.

Even if you are married to a US citizen, there is no guarantee that your green card application will be approved. Overstaying your visa may result in your being deemed inadmissible, which could lead to a denial of the adjustment of status application. The denial can be based on various grounds, such as:

a. Failure to demonstrate “extreme hardship” required for waivers.
b. Lack of sufficient documentation or evidence proving the validity of the marriage.
c. Failure to meet other eligibility requirements set by immigration law.

If your green card application is denied, this can delay your status adjustment process and may result in additional complications, such as triggering deportation proceedings.

[Insert table 4: Common Reasons for Visa Denials]

In many cases, legal representation is essential to ensure that applications are correctly completed, all required documentation is provided, and that applicants are properly advised on how to handle potential issues such as inadmissibility or the need for waivers. A qualified immigration lawyer can help you avoid pitfalls and guide you through the process, but legal fees can be costly, adding another layer of stress and uncertainty to an already challenging situation.

2. Risk of Deportation or Removal Proceedings

One of the most serious consequences of overstaying a visa and applying for a green card is the risk of deportation or being placed in removal proceedings. If your application for adjustment of status is denied, the US government may initiate removal proceedings. Deportation can be triggered for a variety of reasons, such as:

a. If you are found to be in the US unlawfully and do not qualify for any waivers or other legal relief.

b. If USCIS determines that you do not meet the criteria for a green card or adjustment of status due to inadmissibility or other legal grounds.

Being placed in removal proceedings means that you will have to attend hearings in front of an immigration judge, and there is a chance that you could be ordered to leave the US or face deportation. Deportation proceedings can be emotionally and legally challenging, as they involve a legal process that may require extensive documentation, hearings, and the potential for appeals.

If you are deported, you may face a re-entry ban that could prevent you from returning to the US for a period of time, ranging from three years to ten years, depending on the length of your unlawful stay. This could severely limit your ability to re-enter the US in the future, even if you later qualify for a visa.

3. Emotional and Legal Uncertainties

The process of seeking a green card after overstaying a visa can also be emotionally and legally exhausting. The uncertainty of waiting for approval, the fear of deportation, and the potential consequences of a denied application can cause significant stress for individuals and their families. The emotional toll can be even greater for those who have lived in the US for a long period of time and have built a life here, as they may fear being separated from loved ones or having to leave their home.

Legal uncertainty also plays a key role in the emotional strain, as applicants may not know whether they will be granted the green card or face deportation until late in the process. Many applicants find themselves in limbo, unable to move forward with their lives or make important decisions about their future, while the outcome of their immigration case remains uncertain.

Furthermore, there is the added challenge of potential separation from family members. In cases where applicants are denied a green card and deported, they may be forced to leave behind spouses, children, or other family members who are US citizens or lawful permanent residents. This separation can create emotional distress and hardship for both the applicant and their loved ones.

Section F: Possible Legal Alternatives

When you find yourself in the situation of overstaying a visa in the US, marriage to a US citizen may not be your only option for resolving your immigration status. While marriage can provide a pathway to a green card, it is important to explore other legal alternatives before taking that step, especially if you want to avoid complications such as re-entry bars or the risk of deportation.

1. Applying for a Visa Extension or Change of Status

If you are in the US on a temporary visa (such as a tourist or student visa) and realize that your visa is about to expire, one potential alternative is to apply for a visa extension or change of status.

In some cases, you may be eligible to extend your current visa. For instance, if you’re in the US on a student visa (F-1), you may be able to request an extension of stay with US Citizenship and Immigration Services (USCIS), provided you remain eligible under the visa conditions. Extensions are typically granted for short periods, and you must apply before your visa expires to avoid accruing unlawful presence.

If you’re in the US on one type of visa (for example, a student visa), you may be able to apply for an adjustment of status to a different category, such as a work or family visa. However, changing from one non-immigrant status to another is only possible if your current visa category allows this and if you meet the eligibility requirements. In addition, it does not resolve any issues related to unlawful presence accrued from overstaying.

You will need to apply for the extension or change of status before your current visa expires, as staying beyond the allowed period may further complicate your situation and affect future immigration options. Note that if your overstay is significant, your application for extension or change of status might be denied.

2. Green Card Routes

Besides marriage, there are other eligibility categories through which individuals can apply for a green card, such as:

a. Employment-Based Adjustment of Status: If you have a valid job offer from a US employer, your employer may sponsor you for a green card.

b. Family-Based Adjustment of Status (Not Based on Marriage): Other family relationships, such as being the child of a US citizen or the sibling of a US citizen, can also lead to a green card, though the waiting times and eligibility criteria vary.

c. Asylum: If you have been in the US for at least one year and have experienced persecution or fear persecution in your home country, you may be eligible to apply for asylum, which could eventually lead to a green card.

Each of these options has its own eligibility criteria, and some may not be viable if you have overstayed your visa, but they are potential alternatives to marriage.

Section G: Steps to Take Before Getting Married if You Are Overstaying

If you are considering marriage as a way to adjust your immigration status but are already overstaying your visa, there are a few important steps you should take before proceeding.

1. Consult an Immigration Lawyer

Before making any decisions, it is essential to seek legal advice from an experienced immigration attorney. Overstaying your visa can result in significant penalties, such as re-entry bars or deportation proceedings, so it is crucial to understand the legal implications of your situation. A lawyer can help you assess your eligibility for a green card through marriage, explain any potential risks, and guide you through the process of applying for a waiver if necessary.

2. Understand the Impact of Your Overstay

If you marry a US citizen while overstaying, the US government may consider your overstay when reviewing your green card application. Depending on the length of your overstay, you may be subject to a three-year or ten-year re-entry bar if you leave the US to attend a consular interview abroad. A lawyer can help you determine whether you may qualify for a waiver of inadmissibility to overcome these penalties and continue the process of adjusting your status without leaving the US.

3. Consider Applying for a Waiver Before Marriage

In some cases, individuals who are overstaying may apply for a waiver of inadmissibility before getting married. This can help address any issues related to unlawful presence before you begin the adjustment of status process. An immigration lawyer can help determine if this is a viable option and guide you through the waiver process.

4. Avoid Leaving the US During Processing

If you are in the US and have overstayed your visa, leaving the country during the green card application process can trigger the re-entry bar, which would prevent you from returning to the US for several years. Therefore, it’s generally advisable to stay in the US while your application is being processed unless you receive specific guidance from an attorney about whether leaving would be safe.

Section H: Advice on Avoiding Future Overstays or Unlawful Presence

The best way to avoid overstaying your visa is to keep track of the expiration dates and take timely action. If you are unable to extend your stay or change your status, you must leave the US before your visa expires to avoid accumulating unlawful presence.

If you foresee the need to stay longer in the US, file for an extension or change of status well before your visa expires. This allows you to remain legally in the country while waiting for a decision, avoiding the penalties associated with overstaying.

If you accidentally overstay, keep in mind that each day of unlawful presence counts toward the accumulation of days that could trigger a re-entry bar. If you are in the US unlawfully for more than 180 days but less than a year, you could be barred from re-entering for three years. If your unlawful presence exceeds one year, the bar increases to ten years. Therefore, it is crucial to address your overstay as soon as possible to avoid long-term consequences.

If you are in the US under a visa, try to stay in legal status for as long as possible. Consider changing your visa type if your situation changes or your current visa no longer suits your circumstances (e.g., from a tourist visa to a student visa or from a student visa to a work visa).

Section I: Summary

Overstaying a visa in the US is when an individual remains in the country beyond the expiration of their authorized stay. People may overstay for various reasons, including personal or financial issues, lack of awareness, or delays in visa extensions or status adjustments. However, overstaying a visa carries serious risks and consequences that can complicate future immigration opportunities.

One key risk of overstaying a visa is the potential for being classified as unlawfully present, which can lead to penalties such as re-entry bars. If an individual overstay for more than 180 days but less than a year, they could face a three-year bar on re-entry. An overstay of more than one year may result in a ten-year bar. These bars can make it difficult or impossible to return to the US for a significant time.

Another consideration is the impact on future visa or green card applications. Overstaying can lead to inadmissibility, and applicants may need to apply for a waiver of inadmissibility, which can be a lengthy and challenging process. In some cases, overstayers may face deportation or removal proceedings.

Being aware of visa expiration dates, seeking extensions in a timely manner, and consulting with an immigration attorney can help avoid these risks and consequences.

Section J: Need Assistance?

For specialist advice on your immigration status, including making an application for a US Green Card, contact our US immigration attorneys.

Section K: FAQs

Can I get married while on an expired visa in the US?

You can marry a US citizen or lawful permanent resident even if your visa has expired. However, while marriage itself is not illegal, it does not automatically resolve the issue of your visa overstay. Once you have overstayed your visa, you are in violation of immigration law and are unlawfully present within the country. As such, you will need to go through the process of adjusting your status, and your overstay could affect your application. Importantly, you will need to provide sufficient proof to the USCIS that your marriage is genuine and not a tactic to obtain a Green Card.

What happens if I overstay my visa and get married to a US citizen?

If you overstay your visa and marry a US citizen, you may be eligible to apply for a green card through adjustment of status. However, your overstay may lead to additional challenges, such as the possibility of triggering a re-entry bar if you leave the US for consular processing. You may need to apply for a waiver of inadmissibility to overcome any penalties.

Can I apply for a green card while overstaying my visa?

You can apply for a green card while overstaying your visa if you are married to a US citizen. However, overstaying your visa can complicate the process, especially if you need to leave the US for an immigration interview. In such cases, a waiver may be required to avoid a re-entry bar.

What is the 180-day and 365-day rule for unlawful presence?

If you overstay your visa for more than 180 days but less than a year, you may face a three-year re-entry bar if you leave the US. If your overstay exceeds one year, you may face a ten-year re-entry bar. These penalties prevent you from re-entering the US for the specified time if you leave the country during your green card application process.

What is an I-601A waiver, and do I need one?

The I-601A waiver is a provisional waiver that allows individuals who are unlawfully present in the US to apply for forgiveness of unlawful presence before they leave the US for consular processing. This waiver helps avoid the three-year or ten-year re-entry bars, making it an important option for applicants.

How do I apply for a waiver of inadmissibility?

To apply for a waiver of inadmissibility, you must demonstrate that your US citizen or lawful permanent resident spouse or parent would suffer extreme hardship if you are not allowed to remain in the US or re-enter the country. You can apply using Form I-601 or I-601A, depending on your specific circumstances.

What happens if my green card application is denied?

If your green card application is denied, you may be placed in deportation proceedings, and you may be required to leave the US. If your application is denied due to unlawful presence, it may trigger a re-entry bar, making it difficult for you to return to the US for a period of time.

How can I avoid overstaying my visa in the future?

To avoid overstaying your visa, it is important to keep track of your visa expiration date and apply for an extension or change of status before your visa expires. If you cannot extend your stay, make sure to leave the US before your authorized period ends to avoid accruing unlawful presence.

Can I apply for a visa extension after overstaying?

In most cases, if you have overstayed your visa by a significant period, you may not be eligible to apply for an extension. If you find yourself in this situation, it is important to consult with an immigration attorney to understand your options and determine the best course of action.
Section L: Glossary

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Section M: Additional Resources

US Citizenship and Immigration Services (USCIS)
https://www.uscis.gov
The official website of the US government providing detailed information on immigration processes, forms, and eligibility criteria, including adjustment of status, waivers, and visa extensions.

US Department of State – Bureau of Consular Affairs
https://travel.state.gov
The US Department of State’s resource for visa information, including instructions for applying for a US visa from abroad, consular processing, and information on the visa waiver program.

American Immigration Lawyers Association (AILA)
https://www.aila.org
A professional organization providing resources, advocacy, and a lawyer directory for individuals seeking immigration legal assistance.

ImmigrationHelp.org
https://www.immigrationhelp.org
A nonprofit providing free and low-cost immigration assistance, with step-by-step guides for filing immigration forms, including family-based green card applications and waivers.

Legal Information Institute (LII) – Cornell Law School
https://www.law.cornell.edu
A resource that provides comprehensive and authoritative legal information, including details about US immigration law, visa overstays, inadmissibility, and the adjustment of status process.

US Citizenship and Immigration Services – Green Card Through Family
https://www.uscis.gov/family/family-of-us-citizens/green-card-for-immediate-relatives
This page provides information about green card applications for immediate relatives of US citizens, including spouses, parents, and unmarried children.

Immigrant Legal Resource Center (ILRC)
https://www.ilrc.org
A nonprofit organization offering resources and training on immigration law, including how to handle cases of visa overstays, waivers, and family-based immigration.

National Immigration Law Center (NILC)

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Provides advocacy and resources for immigrants, with a focus on ensuring their rights are protected, including updates on changes to immigration law and policies.