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What if my spouse/relative overstayed his/her authorized period of stay I-94 card?

April 26, 2017authorized card I-94 overstayed period relative spouse stay

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What if my spouse/relative overstayed his/her authorized period of stay I-94 card?

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For spouses of US citizens and other immediate relative filings, one may still adjust status in the US even if you have overstayed your visa. However, for the other family preference categories, an alien cannot adjust status if he/she has overstayed their visa. In fact, if one overstays a visa by 180 days or more, one is barred from adjusting or reentering for 3 years. Furthermore, if one overstays for 365 days or more, one is barred from adjusting or reentering for 10 years. (see FAQ: consequences of remaining in the US illegally) However, if the priority date was established prior to April 30, 2001, then an alien who has overstayed can adjust status under sec. 245(i), if certain conditions are met (see FAQ: What is sec. 245(i)).