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

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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 4 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.


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