Can foreign nationals, married to a U.S. Citizen gain legal status after
they have overstayed a visa?
If you are a U.S. Citizen married to a foreign national who overstayed a
visa, it is possible for you to gain legal status for that person.
Adjustment of status is (within a few exceptions) available only to
couples who have combined elements of a U.S. Citizen (not permanent
resident) spouse and a legal entry, and where the spouse is living in the
United States. The spouse of a U.S. Citizen is considered an immediate
relative and there is no priority date, annual quota or big waiting
period.
Adjustment of status is the process by which the status of a person
already in the United States, either on some temporary nonimmigrant visa
or no visa at all, is adjusted to that of a lawful permanent resident
(LPR), or green-card holder.
To file for an adjustment of status, you need to file forms I-130 and
I-485, and attend an interview with the Department of Homeland Security
(DHS). Your spouse will be required to accompany you to the Adjustment of
Status interview. An attorney can also accompany you to the interview.
This strategy may not work for the spouse of a U.S. Green Card Holder;
This strategy will not work if the Immigrating Spouse Entered Without
Inspection;
This strategy will not work for a spouse who has returned to his or her
home country;
However, there are always other options available.
