if someone overstayed their visa what are their options for staying or becoming permanent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

if someone overstayed their visa what are their options for staying or becoming permanent?

Have a general question if someone overstayed their visa what are their options
for staying or becoming permanent?

Asked on February 14, 2017 under Immigration Law, Georgia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Once a person has overstayed the authorized period of stay there are really very few options to legalize one's status within the US unless it is through a valid marriage to a US citizen.  The other avenues for legalizing status would be through consular processing based on an approved petition of some kind, either family-based or employment-based.  however, once you have overstayed your visa by more than 180 days, if you depart, you trigger an automatic 3 year bar to reentry or if you overstay by more than 365 days the bar is 10 years.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption