Legal Question in Immigration Law in California

Ways adjusting the status on an overstayed visa

I would like to know, how many ways are there adjusting the status to a U.S. permanent resident on an overstayed visa. I know only 2 ways, through marriage and if granted asylum, are there any other ways?


Asked on 2/18/09, 1:30 pm

3 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Ways adjusting the status on an overstayed visa

You can also adjust status under 245(i) with a labor certification or immigrant petition filed before 4/30/01. There's 245(k) which allows adjustment in employment based cases with a status violation of not more than 180 days since last entry. Some status violations can be cured by departure and return which would then allow adjustment of status filed afterward.

For more detail and information, contact me at [email protected] to set up a consultation and check me out online at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, Bd. of Legal Specialization, State Bar of CA

Read more
Answered on 2/18/09, 8:07 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Ways adjusting the status on an overstayed visa

This matter is complex and you should not try to do it yourself so you should get an attorney to discuus your options, other options might be a student visa or a job. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Read more
Answered on 2/27/09, 11:41 am
Larry L. Doan Law Office of Larry L. Doan

Re: Ways adjusting the status on an overstayed visa

There are quite a few other ways. And in each of these ways, there are sub-categories. A partial list:

* Family-based petition through another relative such as child over 21, parent, or sibling who's a U.S. citizen

* Employment-based through a labor certification

* Investors visa

* Cancellation of removal in removal (deportation) proceedings

* NACARA relief for Salvadorans and Guatemalans

* Diversity visa

* Special immigrants

* Registry for long-term residents in U.S. since 1972

(The text box on LawGuru does not allow my

answer to be nicely paragraphed so this will do).

Larry L. Doan, Esq.

Read more
Answered on 2/18/09, 2:44 pm


Related Questions & Answers

More Immigration Law questions and answers in California