Skip to main content

Adjustment status

New York, NY |

I entered US With B2 visa,but out of status about 5 months,then meet my new US citizen friend,we want marry but we afraid of USCIS Will deport me because of my overstay.if we
marry,can I change my status inside US,if I back my home country,can I re-enter US again?

Attorney Answers 4


  1. If your marriage is bona fide (for love, not just for a green card), you can adjust your status to permanent resident in the U.S.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. Keep in mind that your green card will be conditional for two year and the conditions will be removed when the government is satisfied that the marriage is legitimate. You should speak to an immigration attorney to ensure that your overstay is properly dealt with and so that they can advise you on any issues regarding leaving and reentering the country.


  3. You can adjust status in the U.S. ,despite the overstay, as long as the marriage is entered into in good faith, not for immmigration purposes only.

    If you plan to travel back home, you must do it before you reach the 180-day mark of your unlawful presence. However, meet with an immigration lawyer to explain to you the details and impact of traveling vis-a-vis your plans.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.


  4. If you marry a US Citizen, the marriage is bona fide and she files an adjustment of status package for your, you cannot be deported for overstay. I suggest you retain an attorney to go over specifics with you. Good Luck.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics