Legal Question in Immigration Law in California

Unfortunately, there are fewer choices when one's status has expired. If it's fewer than 180 days, if you depart the U.S. you'd have to explain in the future when applying for a visa why you overstayed your status and hope the consul doesn't hold it against you. If you remain in the U.S. for more than 180 days of expiration, you are subject to a three or 10 year bar of inadmissibility. If you are not from a country that you fear returning to, and if you end up in removal proceedings, it would be difficult to stay. I'm assuming you are not the beneficiary of an immigrant petition or labor certification filed before April 30, 2001. If you were, then there are more options.

If you have an immediate relative, either a U.S. citizen child at least 21 years old or a U.S. citizen spouse, then you can apply to adjust status in the U.S. In either of these cases, it doesn't matter how long you were out of status.

Feel free to contact me offline at 818 609 1953 or [email protected] for further information.

The above information is not intended to be legal advice and doesn't form an attorney client relationship.

Sincerely,