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

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

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Attorney answers 5


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:; Phone: (210) 821-4500; Fax: 210-821-4500; 1802 NE Loop 410, Ste 104, San Antonio, TX 78217. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Furthermore, the content of this answer does not create an attorney-client relationship. I apologize in advance for any spelling or typographical errors. MEDINA LAW GROUP PC.



I thought the waiver for people who entered the country illegally ! i came on Visa and still have my I-94. and I have never been outside the country since i came here , and I have no intend to travel till i get my GC


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


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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


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


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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