Can a someone who overstayed their tourist visa get married to a US citizen and adjust their status?

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Can a someone who overstayed their tourist visa get married to a US citizen and adjust their status?

Asked on September 17, 2015 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Possibly.  It really depends on how the person entered the US, lawfully or unlawfully, and whether the marriage to the US citizen is bona fide or not.  Assuming a lawful entry and a bona fide marriage, adjustment of status to permanent residence within the US is possible.


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