Can visa overstay be forgiven?

Can Visa Overstays Be Forgiven?

For immediate family members of U.S. citizens, there may be hope for resolving visa overstays. For years, some undocumented immigrants in this situation have lived in fear of being deported. However, a recent change in immigration policy provides a path to regularization for those who meet the specific criteria.

Eligibility for Adjustment of Status

For immediate family members of U.S. citizens—spouses, parents, and children under 21—there is a possibility of adjusting their immigration status. To be eligible for this adjustment, the applicant must:

• Have entered the United States legally
• Have overstayed their visa for less than 180 days
• Not have been convicted of certain crimes
• Be able to demonstrate financial support from their U.S. citizen family member

Lawful Entry Requirement

The lawful entry requirement is crucial. If an individual entered the United States without inspection or through a fraudulent document, they will not be eligible for adjustment of status. This requirement ensures that only those who entered the country legally can benefit from this path to regularization.

Path to Regularization

Adjustment of status provides a path to permanent residency for those who meet the eligibility criteria. Once an application for adjustment of status is approved, the applicant can apply for a green card, which allows them to live and work in the United States permanently.

Importance of Consulting an Attorney

Navigating the immigration process can be complex and challenging. It is highly advisable for individuals considering adjustment of status to consult with an experienced immigration attorney. An attorney can provide guidance, assist with the application process, and represent the applicant in court if necessary.

Conclusion

For immediate family members of U.S. citizens who have overstayed their visas, the possibility of adjustment of status offers a glimmer of hope. By meeting the eligibility criteria and consulting with an attorney, these individuals may find a path to regularization and a future in the United States.