What happens if I overstay my visa before applying for a green card?

If you overstay your visa before applying for a marriage-based green card, you may still be eligible to adjust your status, especially if you are married to a U.S. citizen. Spouses of U.S. citizens are considered “immediate relatives,” which means they can apply for a green card even if they have overstayed their visa. However, if you’re married to a green card holder and overstayed your visa, the situation becomes more complicated, as you may need to leave the U.S. and apply for an immigrant visa abroad. It’s important to address visa overstays carefully, as leaving the country after an overstay of more than 180 days could trigger a ban on reentry for several years. Consulting an immigration attorney is strongly advised if you are in this situation.