Adjustment status

Asked about 2 years ago - 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. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . 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: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Ian Edmund Scott

    Contributor Level 12

    Answered . 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. Mary Carmen Remigio Madrid-Crost


    Contributor Level 18

    Answered . 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:; skype: usvisalaw 10 S. La Salle Street,... more
  4. Alice Antonovsky

    Contributor Level 14

    Answered . 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... more

Related Topics

Adjustment of immigration status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

29,136 answers this week

3,339 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,136 answers this week

3,339 attorneys answering