How to qualify for status adjustment despite your visa overstay – Move To America
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How to qualify for status adjustment despite your visa overstay

If you are a visitor to the US on a non-immigrant visa and chose to overstay in the country, you will normally not able to apply for extending your visa or change your status. And if you leave the US, you may be banned to return to the country for about 3 to 10 years. But certain members of your family may be able to change their visa status.

Overstaying a visa

The I-94, U.S. Customs and Border Protection maintain a record of each individual’s admission date, number, type of admission, and the end date. If anyone lives in the US beyond the end date mentioned on the record, this means that the person is overstaying, which is illegal. The U.S. Immigration and Enforcement have the right to remove those individuals who tend to overstay in the country.

  • Individuals who overstay for more than 180 days are banned from the country for three years
  • People who tend to stay and remain in the country illegally for a year and more are forbidden from entering the country for ten years

Eligibility to adjust status despite visa overstay

Certain people can adjust their visa status if they overstay in the US. You may be eligible for visa adjustment if you are:

  • The spouse of a US citizen
  • Aged below 21 years and have a parent who is/was a US citizen
  • The parent of a US citizen who is at least 21 years old

These individuals have the right to adjust their status whether they have worked in the US without authorization or were allowed to enter Guam or the Mariana Islands under the Visa Waiver Program, given they are not Canadian.

While overstaying in the US is illegal and should be avoided at all costs, you may be able to change your visa status under certain conditions. Some of those conditions have been mentioned above.

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