Can I adjust status after overstaying tourist visa if I marry a US citizen?

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I entered legally with a tourist visa, but overstayed my 6-month period. It's only been a few weeks now. Can I marry my US citizen fiance and adjust status, or is it a problem that I overstayed my 6-month period? I'm confused about whether I have to leave first and do it from Mexico, or if I can adjust status here in the U.S. now with my soon-to-be huband.

Attorney Answer

1
Philip Eichorn ·
As an overstay, you are deportable. If you have overstayed by more than six months, your departure will trigger a 3-year bar to returning. If you have overstayed by more than one year, your departure will trigger a 10-year bar to returning. If you are married to a U.S. citizen and are otherwise admissible, you can file to adjust your status. Your overstay will be held against you in the discretionary determination, but it is not a legal preclusion to your obtaining status. Hire an attorney to ensure your adjustment filing with CIS is properly handled and you are prepared for the required interview.
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