Marriage Green Card After Overstay or Unlawful Presence | Chicago Lawyer

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Marriage Green Card After Overstay or Unlawful Presence

Strategy-first guidance for non-routine cases

Many couples worry that an overstay automatically ends the possibility of a marriage-based green card or can result in deportation.
In reality, the outcome depends on how you entered, what happened after entry, and the specific issues USCIS will scrutinize.  There are a wide variety of possibilities, from nothing happening and your case being approved, to being put into removal proceedings. Each situation is not only fact-dependent, but office-dependent. In other words, what happens in San Diego may not happen at the USCIS Chicago Field Office. It may even come down to the individual officer handling your case. Below are some tips and guidelines if this is an issue in your case.

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Can I get a marriage green card if I overstayed?

Sometimes, yes. “Overstay” and “unlawful presence” are often used interchangeably, but the legal consequences can differ depending on
the facts. The most important starting point is whether your case is adjustment of status (file from inside the U.S.)
or consular processing (interview abroad). Hopefully, you are able to adjust your status, because leaving the U.S. when you have unlawful presence can result in you being barred from reentering the United States.

This page is especially relevant if you entered on a visa, stayed past your I-94, worked without authorization, or have gaps in status
(including F-1/CPT/OPT issues).

Key issues to spot before filing

  • Proof of lawful entry: If you plan to file an I-485, documenting lawful admission is often pivotal.
  • Unauthorized employment: Some cases can tolerate it; others cannot—context matters.
  • Prior immigration filings: Older applications, denials, or inconsistencies can create credibility issues.
  • Misrepresentation concerns: How the entry and visa application were handled can become a central question.
  • Travel planning: Leaving the U.S. without a plan can turn a “fixable” case into a high-risk one.

A practical strategy for couples

  1. Consult an attorney if there is an overstay issue
  2. Confirm the entry facts (passport stamps, I-94, travel history, any prior CBP encounters).
  3. Map the status timeline (exact dates matter, including any school or employment-authorized periods).
  4. Decide the correct pathway (adjustment vs. consular processing) before you prepare forms.
  5. Build a clean filing record (consistency across forms, strong supporting documentation, organized exhibits).
  6. Prepare for the interview and potential RFE/NOID posture where applicable.

FAQ: Overstay & marriage green cards

Is an overstay always a deal-breaker?
Not always. The decisive factors are the filing route and the specific facts (entry, timing, prior filings, and any fraud-related issues).
Do I need a lawyer if I’m out of status?
If there are any status violations, prior denials, or inconsistencies, attorney review is usually advisable.
See: DIY vs. Counsel
What if I’m not sure what “unlawful presence” means for me?
That’s common. The safest approach is to provide your I-94/entry info and a basic timeline before a consultation so we can identify the correct risk posture before you file.

Talk to a Chicago marriage green card lawyer before you file

If an overstay or status issue is part of your history, the goal is not “perfect paperwork.”
The goal is a filing strategy that minimizes avoidable denial risk or you being placed in removal, and keeps your options open.


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DisclaimerThis content is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this page. Immigration outcomes depend on individual facts and current law.

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    Last Updated on February 4, 2026 by JR
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