AskMyLawyer: Visa Waiver overstay – Can I still Adjust Status after Marriage to a US Citizen?

AskMyLawyer: Visa Waiver overstay – Can I still Adjust Status after Marriage to a US Citizen?


Hi, thank you for watching our Ask My Lawyer
question and answer session on YouTube channel. Today’s question is coming from Roberto from
Kansas City. Roberto’s question is the following. “I am an Italian national. I came here about two years ago and got a
visa waiver problem. Since then, my visa waiver expired and just
recently, I married a US citizen. Can I get my green card inside the US?” Well, Roberto, this is a very complicated
issue because the visa waiver is a privilege. It’s a 90-day provision that Europeans are
granted to come to visit the US. Once you overstay the visa waiver, you’re
really losing most of your rights to be able to file from any of the US residency applications. Now, marrying a US citizen is somehow, somewhat
an exception. So, to answer your question is you can file
for an adjustment of status, but recent case law makes it very difficult for this case
to be approved. In fact, the situation is so complicated that
different immigration offices in different states and different cities treat this problem
differently. For example, in my office, I’m here in San
Diego, California, we had a problem in this office here where they were denying those
cases about a year ago. Now, the situation is that they will approve
them as long as they have a good reason to explain the overstay. I know that in other states like New York
and in Florida, they also do it in discretion basis. The point is that if you file the adjustment
of status, you have to realize that you may get denied. And if you get denied, you may be removed
from the US. So, my suggestion is to speak to an experienced
immigration attorney in your state and try to resolve this issue. And this is still an evolving area of law,
the visa waiver overstay. But as of now, it is complicated and we do
recommend you to speak to an attorney. Thank you. And keep following our YouTube channel and
email your questions to [email protected] Thank you. Have a great day.

3 Comments

  • NexDemise

    May 3, 2013

    Yes you can via marriage. Visa waiver can be problematic as a part of it you waive your right to any sort of appeal outside of asylum, B-2 visa has no such thing.

    Reply
  • kabash cooper

    February 13, 2019

    How can I have a visa waiver when I over star in the US

    Reply
  • kabash cooper

    February 13, 2019

    I’m from Liberia

    Reply

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