Can i get Green card on my situation and will get it approved after overstay?

Asked 11 months ago - San Jose, CA

I have overstayed by 155 days in USA while waiting for an answer from USCIS for Visitor visa extension. I am in my home country now, How do I know if my visitor visa is not cancelled?
if Cancelled can my son apply for Green card for me? will my overstay effect my green card application? Can I get Green Card?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . Your visa was automatically cancelled when you overstayed. However, because the length of your violation was under 180 days, you green card application will not be affect. Please see

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

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Visa is automatically cancelled if you stay past I-94 and extension is denied.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Ripal Patel

    Contributor Level 12

    1

    Lawyer agrees

    Answered . This will not fair well with the immigration office. Any overstay is looked upon negatively. You overstayed by over 4 months. Usually, cancellation is automatic. Without any legal status, I do not see how your son would be able to apply for a Green Card for you.


    You should speak with an immigration attorney in your area.

    Sincerely,
    Ripal Patel, Esq.
    San Jose, Ca

    Your particular situation may be different. This answer is intended for information purposes only. No Attorney-... more
  4. Dawn Chere Sequeira

    Contributor Level 10

    1

    Lawyer agrees

    Answered . You have a pending nonimmigrant visa (demonstrates no intent to permanently reside in the US) and intend on applying for a green card (demonstrates permanent intent to reside in the US). One or both could be denied and have been denied by the Consulate in the past. You will need to consult with an experienced immigration attorney.

    Please consult an immigration attorney. This does not constitute legal advice.

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