Am i eligible to adjust my status after overstaying for 20 years, I got married to a USC?

Asked over 1 year ago - Round Rock, TX

I entered the county on tourist visa in 1994 but overstayed, I got married the first time in 1998 but it didn't stick and i didn't file to adjust my status back then,we stayed married for a three months only, now i got married like 8 months ago,and haven't filed for the green card because a friend told me you can't adjust your status after overstaying more than 5 years..what should i do ? i have a great marriage and i couldn't be happier and my wife said i am with you

Attorney answers (5)

  1. Cindy Medina

    Contributor Level 14

    8

    Lawyers agree

    Answered . You can file and apply for the stateside waiver if you are otherwise eligible. Consult with a local attorney. I have never heard of not being able to adjust after a certain numbers of years. I just know that you will need a waiver because of your overstay.

    MEDINA LAW GROUP PC: EXPERIENCED TEXAS IMMIGRATION ATTORNEYS. email: cindy@medinalg.com; Phone: (210) 821-4500;... more
  2. Kyndra L. Mulder

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes. You are eligible to adjust status through your spouse as long as you entered the USA with inspection.

  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . If you were inspected when you entered the U.S. and you are married to a U.S. citizen as you state, you can adjust status in the U.S. Do consult with an experienced Immigration Attorney for assistance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  4. Sunita Kapoor

    Contributor Level 3

    6

    Lawyers agree

    Answered . Yes, you are eligible to adjust in US as you entered on a visa.

  5. Carlos Yarot Montoya

    Contributor Level 5

    5

    Lawyers agree

    Answered . If you are otherwise admissible and were inspected, adjustment of status through your immediate relative is a possibility. Consult with an immigration attorney to discuss whether there are any issues that may make you inadmissible or may affect your adjustment of status.

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