Can I get a green card if I overstayed my visa?

Applying for a Green Card Through Family After a Visa Overstay. One of the only ways to apply for a Green Card after a visa overstay is through a family member who is a U.S. citizen, this includes spouses and in certain situations parents or children.



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If you have more than 180 days of unlawful presence, meaning you overstayed your visa by 181 days or more, you will be barred from returning to the United States for a certain amount of time. If you were unlawfully present for between 180 and 365 days, you will be barred from entering the United States for three years.

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Form I-601 This can be done by mail or online. USCIS will then adjudicate your application and inform both you and the consular officer of the decision. When you submit your form, you must provide supporting evidence and details for the waiver.

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