Exceptions Allowing People With Expired Visas to Adjust Status
Despite the general rule that people whose authorized stays have expired cannot use the adjustment of status procedure to get their green card, the following types of people may be able to stay in the United States and adjust status:
Immediate relatives of U.S. citizens, namely their spouses, parents, and unmarried minor children (under age 21). Immediate relatives may adjust status even with an expired visa – but not if they entered the United States illegally, without a visa or other authorized form of entry.
Immigrants who qualify under an old law known as Section 245(i), by having had a visa petition or labor certification filed on their behalf by January 14, 1998; or by having been physically present in the United States on December 21, 2000 and had a visa petition or labor certification on file by April 30, 2001.
Immigrants applying for green cards on the basis of employment who have spent no more than 180 days out of status – for example, whose visa expired up to 180 days before submitting the adjustment of status application.
Figuring out whether you fit into one of these exceptions can be difficult, and depend on more details in your personal situation than we can describe at length here. If you have any questions about the matter, you’d be wise to consult an experienced immigration attorney. |
