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

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?

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Attorney answers 4


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


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.


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 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.


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.

Ripal Patel, Esq.
San Jose, Ca

Your particular situation may be different. This answer is intended for information purposes only. No Attorney-Client relationship has been established.

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