If someone overstays on a visit, do they have any chance of applying for a change of visa or green card?

UPDATED: Oct 1, 2022

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If someone overstays on a visit, do they have any chance of applying for a change of visa or green card?

A friend of mine doesn’t speak English, so I am writing this email on his behalf.

The question is he went to U.S. on a trip, met someone and ended up

staying for an year or more. He was planning to come back, he had a ticket and all was planned to come to his home country but as he met her, she simply didn’t wanted to lose him with all the risks immigration. If they get married now, does he have any chance of applying for a change of visa or green card, anything that could take him out of trouble?

Asked on August 19, 2018 under Immigration Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you overstay your visa for either 3 years or 10 years depending on the period of the overstay.  It is known as "unlawful presence."  You may also be restricted from applying for an extension of stay or a change of status.  Please have your friend go and speak with an immigration attorney asap.  Good luck. 

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