Overstay & Unlawful Presence

Overstaying Your Visa — What Are Your Options?

If you have overstayed your visa, you are not necessarily barred from getting a green card. However, the consequences of unlawful presence depend heavily on your specific situation, how long you overstayed, and whether you leave the United States.

Check Your Immigration Eligibility Schedule Consultation

The 3-Year and 10-Year Bars

Less than 180 days of unlawful presence:

Generally no bar triggered upon departure. You may be able to proceed to consular processing without a waiver (depending on other factors).

180 days to 1 year of unlawful presence:

If you leave the U.S., a 3-year bar from re-entering is triggered. A waiver may be required.

More than 1 year of unlawful presence:

If you leave the U.S., a 10-year bar is triggered. A waiver (I-601 or I-601A) is required before you can return.

CRITICAL: Do not leave the United States without first consulting an immigration attorney. Departure may trigger bars that could take years to resolve.

Possible Solutions

Marriage to a U.S. citizen — may allow adjustment of status inside the U.S. without leaving
I-601A Provisional Waiver — apply for forgiveness before departing for consular processing
I-601 Waiver — apply for forgiveness after a consular interview denial
Other relief depending on your full immigration history

Call 212-571-6002