Can You Adjust Your Status After a Visa Overstay?

Published: April 21, 2025

Can visa overstayers adjust status in the US? A visa overstay takes place when you remain in the country longer than your visa permits. Even those admitted for the duration of status, meaning the authorized stay period is tied to a particular program or activity, and failed to preserve that status, can further constitute an overstay. 

For instance, you’re a student in the US on a program visa. You must leave upon completion, adjust to a different immigration status, or enroll in a new academic program within the grace period. Otherwise, you will overstay your visa, which can result in immediate loss of legal status. 

The US government utilizes a combination of tools to monitor visa overstays. In FY 2023, data on nonimmigrant travel showed a 1.31 percent rate for suspected in-country overstays, equating to 510,363 individuals who were expected to leave the US by air or sea. 

Notably, eligibility for adjusting your status is possible even if you have overstayed your visa. But the process is often complex, requiring you to meet specific criteria. Stay informed about how to secure lawful permanent residency or adjust your status after a visa overstay. 

Factors Affecting Eligibility for Adjustment of Status

Adjusting your status authorizes you to secure a lawful permanent resident status when you’re present in the US. That means you don’t have to return to your home country to acquire a US green card. However, not all applicants are eligible to adjust their status after overstaying a visa. 

Below, understand the critical factors that can affect your eligibility for adjustment status after staying in the US beyond the authorized duration of admission. 

Immigration category

Your eligibility to adjust status depends on the immigration category you’re applying for. While some green card categories are more forgiving of overstays, other classifications face stricter penalties and barriers. Thus, start by identifying the specific US immigrant category that suits your circumstances if you want to file an adjustment of status. 

Relationship to a US citizen

US immigration law provides unique pathways and advantages for certain family relationships, particularly for immediate relatives of US citizens. Besides not having to wait in line for a visa number to become available for immigration, some bars to adjusting status don’t apply to the immediate relative categories. This is beneficial if you encounter challenges due to a past visa overstay or unauthorized employment. 

Length of unlawful presence

How long you’ve been unlawfully present in the US is a significant factor in determining whether a visa overstay will make you inadmissible to the country. Unlawful presence can occur when you remain in the US for a duration longer than authorized. Departing the US after accumulating unlawful presence can result in a three- or ten-year bar. 

However, a recent policy update from the United States Citizenship and Immigration Services (USCIS) and a decision issued by the Board of Immigration Appeals (BIA) in theMatter Duarte-Gonzalez case in February 2023 emphasized that the bars to adjustment of status can run whether you spend the entire time inside or outside the US. 

Thus, unless you obtain a waiver, the three- or ten-year bar can continue, preventing you from securing a visa, being admitted to the US, or adjusting your immigration status, even if you’re physically located in the country. 

Other grounds of inadmissibility

Apart from unlawful presence, overstaying your visa can trigger other inadmissibility issues. The following categories of inadmissibility can legally bar you from adjusting your status unless you qualify for a waiver: 

• Entering the US with false information, fraudulent documents, and misrepresented intentions
• Being convicted of certain crimes, such as theft, assault, fraud, aggravated felonies, money laundering, and human trafficking
• Having committed previous immigration violations, such as visa overstays, unlawful admissions, and failure to appear in removal proceedings
• Facing the prospect of becoming primarily reliant on government assistance

When You Can Adjust Your Status After a Visa Overstay

Understanding when you can adjust your status after staying past the authorized period is necessary to ensure eligibility and compliance. Consider collaborating with an experienced Los Angeles immigration lawyer to determine the best option for your circumstances. But for starters, the following are some of the circumstances where adjustment of status is legally possible for overstayers: 

You’re married to a US citizen

You can qualify for an adjustment of status even after overstaying your visa if you’re married to a US citizen. A specific provision in the law offers forgiveness for the immediate relatives of US citizens from the typical consequences of overstaying a visa. The immediate relative category that can be eligible for visa overstay forgiveness includes US citizens’ parents, spouses, and unmarried children under 21. 

You’re eligible for a waiver

Suppose you’ve remained in the US long enough to trigger the three- or ten-year bar. You can still proceed with adjusting your status if you’re eligible for a waiver. Specifically, you can apply for a provisional unlawful presence waiver to overcome inadmissibility and adjust your status if you meet the requirements specified under Title 8 of the Code of Federal Regulations (CFR) Section 212.7.

You’re protected under humanitarian programs

Certain humanitarian programs offer pathways to adjust your status even if you have overstayed your visa. Depending on your unique circumstances and eligibility, you can seek protection under one of the following programs: 

• Violence Against Women Act (VAWA)
• Asylum and Refugee Status
• Temporary Protected Status
• Special Immigrant Juveniles (SIJ)
• T Nonimmigrant Status

Increase Your Chances of Success With ALG Lawyers

Overstaying your US visa complicates your path to lawful permanent residency. Still, you can qualify for adjusting your status if you fulfill the corresponding eligibility criteria. The assistance of an Angeles immigration lawyer can help increase your chances of success.  With years of experience, our team at ALG Lawyers is well-equipped to provide legal guidance on complex immigration concerns, including cases involving visa overstays. Schedule your first personalized consultation with our firm today to have a better grasp of how we can help you.