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
- Can I file for adjustment of status if I am out of status today?
- Can I obtain and use travel permission while my case is pending?
- I am married and my U.S. citizen mother filed a petition for me many years ago. I am in the U.S. legally. How do I know when I can file to adjust my status?
- I was born in the U.S. but my parents were not. They are in the U.S. illegally. How old must I be to file a petition for my mother?
- If my U.S. citizen spouse petitions for me and I file to adjust my status, can I get work authorization in the U.S. while I wait for my interview?
- My mother and U.S. citizen step father married when I was 15 years old. Can my step father file a petition for me?
- My name in my passport is the name I use, not the exact name on my birth certificate. If I file for adjustment, will USCIS use the name I use in my passport?
- My Permanent Resident Card says that it will expire within 2 years of when I became a lawful permanent resident, and my spouse just filed for divorce. Is there any way that I can keep my green card?
- My spouse and I consider ourselves married but never actually got a marriage license and formally got married. Are we considered married for U.S. immigration purposes?
- 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?
- My U.S. citizen spouse petitioned for me and I filed to adjustment my status. How long does USCIS take to issue me employment authorization after the adjustment filing?
- My U.S. citizen spouse petitioned for me and I filed to adjustment my status. Our case is pending but we had a big fight. Can I still adjust my if my spouse does not go to the interview?
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.