Can I Get a Green Card After a Visa Overstay in 2026?

Yes, in many cases you can still get a green card after a visa overstay in 2026—especially if you are married to a U.S. citizen. However, the exact outcome depends on how you entered the United States, how long you overstayed, and whether any other immigration violations apply.

For a full overview of eligibility, costs, and timelines, see our Marriage Green Card FAQ.

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Understanding Visa Overstay and Marriage-Based Green Cards

A visa overstay occurs when someone remains in the United States beyond the expiration date on their Form I-94 arrival record. Overstays can create:

• Unlawful presence• Bars to reentry• Ineligibility for adjustment of status in some situations

Despite these risks, U.S. immigration law provides powerful forgiveness rules for spouses of U.S. citizens.

Under the Immigration and Nationality Act (INA §245), many immediate relatives may still apply for lawful permanent residence using:

• Form I-130 (Petition for Alien Relative)• Form I-485 (Adjustment of Status)

This is one of the most important protections in U.S. immigration law.

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When an Overstay Is Forgiven Through Marriage

Overstay is often forgiven if you are married to a U.S. citizen and entered the United States legally.

Key requirements usually include:

• Lawful inspection and admission at entry• Bona fide (real) marriage• No serious criminal or fraud issues

If these conditions are met, many applicants can complete the entire green card process without leaving the United States, avoiding unlawful presence bars.

This is why marriage-based adjustment of status is frequently the fastest and safest path to permanent residence after an overstay.

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Situations Where Overstay Still Causes Problems

Not every overstay case is automatically approved.

Serious complications may arise when:

• The person entered without inspection (EWI)• There was prior removal or deportation• Immigration fraud or misrepresentation occurred• Criminal history affects admissibility

In these cases, applicants may need:

• Form I-601 (Waiver of Inadmissibility)• Form I-212 (Permission to Reapply After Removal)• Consular processing outside the United States

These situations are far more complex and should be evaluated carefully before filing anything with USCIS.

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Risks of Leaving the United States After Overstay

Leaving the U.S. after accumulating unlawful presence can trigger 3-year or 10-year reentry bars.

These bars apply when:

• Unlawful presence exceeds 180 days → 3-year bar• Unlawful presence exceeds 1 year → 10-year bar

Because of this, departing the United States before legal review can seriously delay or even prevent obtaining a green card.

Many applicants instead pursue adjustment of status inside the U.S. when legally eligible.

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How Long the Process Takes in 2026

Marriage green card timelines vary by location and case complexity.

Typical 2026 estimates:

• Work permit (Form I-765): 3–8 months• Interview scheduling: 8–18 months• Full green card approval: 10–24 months

Cases involving waivers or consular processing may take significantly longer.

You can review detailed current estimates in our Marriage Green Card Timeline in 2026 guide.

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Evidence Needed to Prove a Real Marriage

USCIS carefully reviews whether the marriage is genuine.

Strong evidence often includes:

• Joint bank accounts and financial records• Lease or mortgage in both names• Insurance or beneficiary designations• Photos, travel, and relationship history• Affidavits from friends and family

Insufficient documentation is one of the most common reasons for denial.

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Interview Concerns After an Overstay

Applicants who overstayed sometimes worry about the USCIS interview.

Overstay alone does not usually cause denial for spouses of U.S. citizens.

However, officers will closely review:

• Entry history• Immigration violations• Consistency of relationship evidence

Preparation is critical to avoid unnecessary delays or Requests for Evidence (RFEs).

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When Legal Help Becomes Especially Important

Professional guidance is strongly recommended if:

• You entered without inspection• You have prior removal or deportation• There is fraud, misrepresentation, or criminal history• A prior green card case was denied

These cases require careful legal strategy, not simple form filing.

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Frequently Asked Questions About Overstay and Marriage Green Cards

1. Can I really get a green card after overstaying a visa? Yes—many spouses of U.S. citizens qualify for adjustment of status despite an overstay.

2. Does the length of overstay matter? It matters mainly if you leave the United States, which can trigger reentry bars.

3. What if I entered the U.S. illegally? You may need consular processing and a waiver such as Form I-601.

4. Can unauthorized work prevent approval? Usually not for immediate relatives of U.S. citizens.

5. Will USCIS focus on my overstay at the interview? Officers review full immigration history, but overstay alone is often forgiven.

6. How long does the marriage green card process take in 2026?Most cases finish in roughly 10–24 months, depending on circumstances.

7. Can I work while waiting? Yes, after approval of Form I-765 employment authorization.

8. Should I travel outside the U.S. during the process? Not without Advance Parole (Form I-131) or legal advice.

9. What if I previously had a deportation order? You may need Form I-212 and additional legal review.

10. Do I need an immigration lawyer? Legal help is strongly recommended for any complex overstay situation.

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If you have concerns about unlawful presence, prior removal, or eligibility after overstay, review our Marriage Green Card FAQ or speak with an immigration attorney before filing.

Obtaining a green card after a visa overstay is often possible, but the safest strategy depends on the specific immigration history, entry method, and potential inadmissibility issues involved. Careful planning before filing can prevent delays, denials, or long-term immigration bars—and can make the difference between uncertainty and permanent residence in the United States.

Schedule a free consultation with the Law Office of Andrew R. Sones to receive guidance tailored to your situation.