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Can I get legal Status If I overstayed my visa?

Dallas, TX |

okay so Ive been in the country for five years now, I got here when I was 17 with a tourist visa which I overstayed, I finished high school and been working ever since then,. is there a way I could get legal status? I came to the country legally. (visa expired 3 years ago). Im 22 now.

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Best Answer

Believe it or not - your legal position is not that bad at all, and is probably the envy of millions who do not have your immigration history. I am referring to your legal entry at 17. Provided you have not left since entering with your visa at 17, you may be surprised to learn what options are available to you. Do the right thing, and speak with an experienced immigration attorney.


You do not appear to be eligible for DACA but if you ever get married to a US citizen that will open an option for you. Best is to consult an experienced attorney for assistance.


Yes, you may have some options based on bona fide marriage.

Attorney Khurgel is a former USCIS and State Department Embassy Officer. His comments on Avvo are general advice, and do not constitute an attorney-client relationship.


You may be able to stay in the United States if you enter into a good faith marriage with a United States citizen.


Your legal entry is a very favorable factor if you were ever to get married to a U.S. citizen, assuming you do not leave the country. If you ever do get married to a U.S. citizen, your overstay and your unauthorized employment would be forgiven. Just make sure you get married because you love the person, not just for the possible immigration benefit because then it becomes fraud.


Yes. You can always get married to a United States Citizen. However, several things will be taken into account, such as the length of your marriage and whether you have any criminal history. If you plan on choosing this route, you should consult an attorney.

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