My U.S. citizen brother filed a petition for me many years ago. I entered the U.S. legally but I have overstayed the time given to me to visit. Can I file to adjust my status?

Generally, a requirement for adjustment of status is that the foreign national must currently be in status to be eligible, in addition to meeting other requirements. Absent a specific statutory basis to file for adjustment and pay a penalty, a foreign national who is out of status may not be eligible to file for adjustment of status.

Other Family Immigration Frequently Asked Questions

The information appearing in these FAQ responses is not legal advice and is provided for general information purposes only. You should seek professional advice from an experienced immigration attorney regarding your specific inquiry and case before changing position.