What to Do If You Overstayed a Visa and Want to Adjust Status

Overstaying a visa is more common than many people realize. Life changes, family obligations, and unexpected circumstances can cause someone to remain in the United States beyond their authorized stay. The good news is that overstaying does not always mean the end of the road. Depending on your situation, you may still have options to adjust your status and apply for a green card.

What Does It Mean to Overstay a Visa?

A visa overstay happens when a person remains in the U.S. beyond the expiration date listed on their Form I-94 (Arrival/Departure Record). Once that date passes, you are considered “out of status.” This can have serious consequences, including:

• Accrual of “unlawful presence” time

• Bars on re-entry if you leave the U.S. (3-year or 10-year bans)

• Ineligibility for certain immigration benefits

• Possible initiation of removal proceedings

However, there are situations where an overstayed visa adjustment is still possible.

Can You Still Apply for a Green Card After Overstaying?

The ability to apply for a visa overstay green card depends on several factors, such as family relationships, employment, or humanitarian protections. Some of the most common paths include:

• Marriage to a U.S. citizen – In many cases, marriage to a U.S. citizen allows individuals to apply for adjustment of status despite an overstay. Learn more about marriage and fiancé visas.

• Fiancé visas – Those who entered the U.S. on a K-1 fiancé visa and married within the required time frame may still be eligible to adjust their status. Read more about the fiancé visa process.

• Immediate relatives – Parents of U.S. citizens over the age of 21 often qualify for adjustment even if they overstayed.

• Asylum or other humanitarian protections – If someone qualifies for asylum, VAWA (Violence Against Women Act), or other forms of relief, overstay may not prevent them from applying.

How to Fix a Visa Overstay

If you’re wondering how to fix a visa overstay, the process depends on your eligibility category. Steps may include:

1. Reviewing your immigration history – This includes how long you overstayed and whether you accrued unlawful presence.

2. Determining available defenses or relief – Family-based, employment-based, or humanitarian routes may apply.

3. Filing the correct petitions and applications – Mistakes can create delays or trigger denials.

4. Attending immigration interviews and hearings – Strong preparation can make the difference in approval.

In some cases, leaving the U.S. to apply for a visa abroad may trigger long re-entry bars. That’s why exploring adjustment of status options from inside the country is often critical.

Risks of Overstaying a Visa

Overstaying is serious, but it doesn’t always end with deportation. Risks may include:

• Loss of work authorization

• Difficulty renewing or extending a visa

• Denial of future applications

• Deportation proceedings if encountered by ICE

The longer the overstay, the higher the stakes become. Taking proactive steps is essential to protect your ability to remain with your family and community.

Key Takeaways

• Overstaying a visa does not always end your options — many people still qualify for green cards.

• Marriage to a U.S. citizen or immediate family ties often provide a pathway to adjustment of status.

• Bars on re-entry apply if you leave the U.S., so pursuing relief inside the country may be crucial.

• Acting quickly matters — unlawful presence penalties increase with time.

• Every case is unique, and reviewing your immigration history determines your available defenses.

Moving Forward

A visa overstay is not the end of your immigration journey. With the right information and a clear strategy, it may still be possible to adjust your status, apply for a green card, and protect your future in the United States.

If you have questions about eligibility, start by reviewing your family or fiancé visa options, then take the next step by contacting an immigration professional for guidance tailored to your case.

FAQs About Visa Overstay and Adjustment of Status

Can I still apply for a green card if I overstayed my visa?In many cases, yes. Immediate relatives of U.S. citizens — such as spouses, parents, and children — may still qualify for adjustment of status even after a visa overstay. Other categories may face more restrictions depending on the length of unlawful presence.

What happens if I overstayed my visa for more than 180 days?Overstays of more than 180 days can trigger a 3-year re-entry bar if you leave the U.S. Overstays longer than one year can trigger a 10-year bar. These penalties generally apply when leaving the country, which is why some individuals pursue adjustment of status without departing.

How can marriage to a U.S. citizen affect a visa overstay?Marriage to a U.S. citizen is one of the most common ways to overcome a visa overstay. Spouses of U.S. citizens are often allowed to adjust their status from within the U.S., even if they are currently out of status.

Does a visa overstay automatically lead to deportation?Not necessarily. While overstaying increases the risk of removal proceedings, many individuals remain in the U.S. without immediate deportation. Immigration authorities may take enforcement action, but available defenses and relief options can provide protection.

Is there a way to fix a visa overstay without leaving the U.S.?Yes. Options such as marriage-based green cards, fiancé visas, asylum, or other humanitarian protections may allow someone to adjust status while remaining in the U.S. Whether this is possible depends on the person’s specific immigration history and eligibility category.

What’s the difference between unlawful presence and being out of status?Being “out of status” means staying beyond the authorized period of stay. “Unlawful presence” refers to the time counted toward re-entry bars. Not all out-of-status periods count as unlawful presence, but both can impact eligibility for immigration benefits.