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Overstay of b1/b2 visa after visa expired and now married to a USC

Houston, TX |

I have overstayes my b1/b2 visa for 6 months. I just got married to my USC wife. Now i want to file in for permanent residence. Please what are my chances of it being denied or approved considering i have stayed illegal in the US for 6 months after my visa expired. Please help. Thanks

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Attorney answers 5


The U.S. Government will forgive the fact that you are out of status if you are seeking adjustment of status based upon marriage to a U.S. citizen.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


You have nothing to worry about. Spouses of US citizens are considered "immediate relatives" and as such are not expected to maintain status. You will not Be penalized for having fallen out of status, or having worked without USCIS authorization.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Zero. You cannot be denied for overstaying your visa.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


Your overstay alone will have no effect on your ability to adjust your status although some officers may ask questions relating to immigrant intent.


The overstay is not a factor.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.