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Many immigrants overstay their visas, often due to unforeseen circumstances or misinformation. While the consequences of overstaying can be significant, including the risk of deportation and reentry bans, legal pathways are available to adjust status and secure lawful permanent residency in the United States.

At Kasturi Law LLC, our Illinois immigration and nationality law attorney guides residents through these complex processes to help them achieve their immigration goals. Here, we explore the key options and considerations for those seeking to adjust their status after a visa overstay.

Understanding the Consequences of a Visa Overstay

When an individual overstays their visa, they may face a range of penalties, including:

  • Unlawful Presence: Overstays are typically classified as unlawful presence. Accruing more than 180 days of unlawful presence can lead to a three-year reentry ban while overstaying for a year or more can result in a ten-year ban.
  • Loss of Eligibility for Certain Visas: Over stayers may be disqualified from applying for certain types of visas.
  • Deportation Risks: Remaining in the U.S. without lawful status exposes individuals to deportation proceedings.

Despite these challenges, there are viable options for adjusting status, depending on the specifics of your case.

Status After Overstaying a Visa

Option 1: Adjustment of Status Through Marriage to a U.S. Citizen

One of the most common ways to adjust status after a visa overstay is through marriage to a U.S. citizen. The immediate relative category, which includes spouses of U.S. citizens, is exempt from many of the barriers other applicants face.

Key benefits include:

  • No Unlawful Presence Bar: Immediate relatives can apply for adjustment of status without leaving the U.S., even if they have overstayed their visa.
  • Expedited Process: The immediate relative category has no annual cap, making the process faster compared to other categories.

However, proving the bona fides of the marriage is crucial. Fraudulent marriages carry severe penalties, so working with our experienced attorney is essential to ensure your application is well-documented and credible.

Option 2: Waivers for Unlawful Presence

If you are not eligible to adjust your status within the U.S., you may need to leave the country to apply for an immigrant visa. In such cases, you may qualify for a waiver of unlawful presence (Form I-601A). To obtain this waiver, you must demonstrate that your absence would cause extreme hardship to a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent.

Option 3: VAWA Self-Petition

Victims of abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child may qualify for relief under the Violence Against Women Act (VAWA). This self-petition process allows individuals to seek legal status independently of their abuser, and it can also provide a pathway to adjustment of status.

Option 4: Humanitarian Relief

In some instances, individuals may qualify for humanitarian programs, such as:

  • U Visas: For victims of certain crimes who assist law enforcement.
  • Asylum: For those who fear persecution in their home country.

The laws governing immigration are complex and constantly evolving. Illinois residents who have overstayed their visas should act quickly to explore their options. Working with our skilled immigration attorney in Illinois can make all the difference in successfully navigating these challenges. Together, we can help you achieve the stability and security you deserve.

Contact our immigration law firm today to schedule a consultation.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes.