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I came in legally as a tourist/visitor with a visa, but overstayed and am now illegally here, can I apply for my permanent residency? |
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Q: I came in legally as a tourist/visitor with a visa, but overstayed and am now illegally here, can I apply for my permanent residency?
A: Aside from possibility of applying for political asylum through the procedures described above, if an “overstay” has entered into a bona fide marriage with a United States Citizen, they may be able to obtain their permanent residency without having to depart the United States. All other overstays seeking to legalize their status (typically through employment) must return to the U.S. consulate in their home country to receive their visas. This departure, however, may trigger the 3 & 10 year bars which state that an individual illegally in the US for 6 or more months who departs, cannot re-enter the US for a period of not less than 3 years. Similarly, an individual illegally in the US for over a year who departs, cannot re-enter the US for a period not less than 10 years.
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