When you want a green card in the US, U.S. USCIS (the US Department of Citizenship and Immigration Services) is concerned about your immigration record. If you violate US immigration regulations for example, if you overstay your visa, are in the United States illegally, or just entered illegally it will slow down the green card process. In this post, we’ll share with you what can affect your chances of getting a Green Cards and Violations what the consequences of your previous violations can be, and how you can work around them.
What Are Visa Overstays, Illegal Presence, and Illegal Entry?
Let’s take a quick definition of these terms before moving on to the technicalities:
Visa Overstay: When you are visiting the U.S. on a valid visa (tourist or student visa) but stay longer than your visa permits.
Illegal Involvement: If you’re living in the U.S. illegally (after your visa runs out, or without a visa), you are illegally present. That’s the same phrase if you’re in the country illegally.
Illegal Entry: You were able to enter the United States without having been examined (meaning you didn’t pass the border check or immigration).
In case any of these describes you then it may be detrimental to your green card application but there is a way around it.
When I Overstay a Visa, What Does It Mean For My Green Card Application?
If you are in the U.S. legally, but you extend your visa, that can be a serious blow to your green card application. Here’s how:
Overstay less than 180 days: Stay in the US for less than 180 days after your visa runs out, your visa is void and you will have to apply for a new visa to return. But you don’t need to leave the country to apply for a green card in the U.S. This is the challenge of getting that visa approved, so you don’t get a visa for your second trip back.
Overstay of 180 Days or More: If you overstay for 181 days or more, the U.S. will temporarily prevent you from entering. If your illegal stay lasts between 180 and 365 days, you will face a 3-year ban. If you’ve been a US resident for over 12 months, you can’t return for 10 years. It’s the “three-year” or “ten-year” re-entry bar.
But if you have stayed on your visa but married a U.S. citizen, you can still get a marriage green card without leaving the U.S. This is for individuals who qualify under certain conditions. More information about this process can be found in our green card for spouses of US citizens guide.
When you Travel After Overstaying a Visa, What Should You Do?
But, if you have overstayed your visa and you want to get out of the US, do not go crazy. If you’ve been illegally present for more than 180 days, you could trigger the 3- or 10-year stay if you get out of the country. The main tip is, do not leave the United States until you get your green card. But if you are a dependent of a U.S. citizen, you might qualify for a travel permit while your green card is in processing. This can let you go out of the United States without breaking the re-entry bar. Remember that this is not always the case all the time, so be sure to read the up-to-date news before making any decisions.
Unlawful Entry & Green Card Application Impact: What Is Going On?
If you entered the U.S. illegally, then getting a green card is not so easy. How does illegal entry play into your hands:
It does not matter if you entered the U.S. illegally and did not apply for a green card from the U.S.
You Leave the U.S. to Get a Green Card: If you leave the country to get a green card at a U.S. embassy or consulate, you’ll be subject to the 3-year (or 10-year) re-entry bar depending on how long you were in the U.S. illegally.
Deportation and Re-entry: If you were deported from the US, and then re-entered the United States illegally, you could be barred from re-entry for life. This means you would never be able to enter the U.S. again.
Immunity From Inadmissibility Under Immigrant Laws (Foreign Activity).
If you are found guilty of an immigration offense, illegal entry, or overstaying a visa, you may qualify for a waiver of inadmissibility. This waiver lets you return to the U.S. after illegal presence or entry. To qualify, you must demonstrate that your qualified relative, such as a U.S. citizen or green card holder spouse or parent, would experience “extreme hardship” if you cannot stay in the United States.
For instance, you must demonstrate that your family member would experience hardship if the U.S. excludes you while your green card application is being processed. Waiver is tough, but you can get it with the right argument.
Applying for a Provisional Waiver
You used to need to leave the U.S. before you could ask for a waiver at the U.S. embassy. But now, you can obtain a provisional waiver and then leave the U.S. This cuts down on your time out of the US and also makes it a little bit more certain that your waiver will be approved. You can get a provisional waiver if you qualify. This is especially helpful if you have U.S. citizen or green card spouses.
What If You’ve Been Deported?
You can face a lifetime ban from the U.S. if authorities deport you and you return illegally. If you stay outside the U.S. for over a year after deportation and then return, the law will prohibit you from reentering for 10 years. If you return to the U.S. unaccompanied after deportation, you risk a lifetime restriction on entry.
Most Common Questions on Immigration Violations and Green Cards.
What is a “visa overstay”?
Visa overstay – You arrive in the U.S. on a valid visa or under the Visa Waiver Program but stay beyond the permissible period.
What is “unlawful presence”?
Unlawful presence: when you are in the U.S. illegally because you are not on legal immigration, either due to an expired visa or illegal admission.
What is “illegal entry”?
Illegal entry is when you cross the U.S. border without a proper border check, that is, not cleared by US Customs and Border Protection.
If you’ve been overstaying your visa, are in the U.S. illegally, or have been present illegally, don’t panic. These are things that make your green card application more challenging but they do not stop you from getting a green card especially when you are family or marriage dependent. If you’re a candidate, know your rights, such as applying for waivers or provisional waivers.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Green Card, Visitor Visa, or Study Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
