Immigration Lawyer Blog
Overstaying a U.S. visa can feel overwhelming—but it doesn’t always mean your options are gone. In fact, there are legal pathways that may allow certain individuals to remain in the United States even after a visa has expired.
In this post, we’ll break down three lawful options, explain who they may apply to, and clarify common misconceptions—so you can better understand your situation and make informed decisions.
Legal Options After a U.S. Visa Expiration
Option #1 Marriage to a U.S. Citizen
Marriage to a U.S. citizen is one of the most common legal options for individuals who have overstayed a visa. Under U.S. immigration law, spouses of U.S. citizens are considered “immediate relatives,” which means they may be eligible to apply for lawful permanent residence (a green card) from within the United States, even if they later overstayed their visa.
This process typically involves filing several immigration forms, submitting proof that the marriage is bona fide (such as shared finances or living arrangements), completing a medical exam, and attending an in-person interview with U.S. Citizenship and Immigration Services (USCIS).
While a visa overstay is often forgiven, recently there has been an increase in immigration enforcement actions where spouses of U.S. citizens have been detained due to visa overstays, during their marriage-based green card interviews.