I Overstayed My Visa, Can I Apply For A Green Card If I’m Married to a US Citizen?

A foreign national who is married to a United States citizen can apply for a “green card” in the United States provided their last entry into the United States they presented themselves for inspection at a United States port of entry and were legally inspected and then admitted or paroled into the United States.

This provision of the law forgives the fact that the foreign national has not maintained their legal status in the Unted States and forgives any unauthorized employment by the foreign national.

This means that even though you fell out of status, you are eligible to apply for a “green card” because you were legally admitted as an nonimmigrant and you are filing for the green card based on the fact that you are married to a U.S. citizen.

However, this provision of the law does not forgive other grounds of inadmissibility, such as criminal convictions, misrepresentation, or being subject to the unlawful presence bar. So the foreign national must otherwise be eligible for admission as a permanent resident.

If you have questions about applying for your “green card”, please give me a call at 616-233-9300 to schedule an appointment.



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