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Overstaying a visa waiver and consequences?

Lake Oswego, OR |

Hello. I am here in USA on a visa waiver and I am a Swedish citizen. I came to USA on April 2012 and stayed for 3 month and left back to Sweden and then came back here in August 2012, during this time I have met a girl and we want to be together and eventually get married, she is a us citizen. My question is that if I would overstay my visa waiver which ends on November 1 what will the consequences be? We are planning to get married within 6 month. I came here legally. Will I get deported if I try to file for adjustment of status and if not will I be able to stay in USA after getting married even if I overstayed? Thank you in advance for the help and advice.

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Attorney answers 3


You become deportable without a court hearing.

You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

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.


A visa waiver overstay can adjust status to permanent resident through marriage to a a USC. But one of the rights that you waive when you enter on visa waiver is the right to go before an immigration judge if you are detected within the US after your authorized stay expires. It is not unusual for ICE to find you and deport you in this situation. So, now that you decided to marry, you should get married in a civil ceremony first for immigration and get something on file asap. In six months, you can have the ceremony with friends and family.


I agree with my colleagues. Please at least consult with an attorney to know what types of documents you and your future spouse will need in order to file your immigration petition. You can also read the Form I-130 instruction.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.