10 Steps to Obtaining a Green Card After Overstaying Your Tourist Visa in the United States

Overstaying your tourist visa can be a stressful situation, especially when you’re trying to make a new life (or continue ) in the United States. But, did you know that you may still be able to obtain a green card even if you’ve overstayed your visa and don’t have a US citizen spouse? Here are 10 steps that can help guide you through the process:

1- Determine your eligibility for cancellation of removal: To be eligible for cancellation of removal, you must have been physically present in the United States for a continuous period of at least 10 years, demonstrate good moral character, and show that your removal would result in exceptional and extremely unusual hardship to your qualifying relative.

2- Consult with an experienced immigration attorney: An attorney can help you understand the requirements for cancellation of removal and guide you through the process.

3- Gather evidence: You will need to provide evidence of your eligibility for cancellation of removal, such as employment records, tax returns, and medical records.

4- Attend the hearing: You must attend the hearing and present your case to the Immigration Judge.

5- Obtain approval of cancellation of removal: If cancellation of removal is granted, you may be eligible to apply for a green card.

6- Determine eligibility for adjustment of status: If you are in the United States and eligible for adjustment of status, you can apply for a green card using Form I-485. You may need to have an approved I-130, I-526 or I-140, such as an EB-2 NIW, to be eligible.

7- Meet other eligibility requirements: You must meet all other eligibility requirements for a green card, such as being admissible to the United States and not having committed certain crimes.

8- Pay fees and provide biometrics: You will need to pay the appropriate fees for your application and biometric services.

9- Attend interview and receive decision: After the USCIS officer reviews your application and conducts any necessary interviews, they will make a decision on whether to grant or deny your green card application.

10- Receive your green card: If your application is approved, you will receive your green card.

In fiscal year 2021, immigration judges granted approximately 71% of the 3,275 cancellation of removal cases decided, with a slight decrease in the total number of cases from the previous year due to COVID-19 backlogs and slowdown. (see: https://www.justice.gov/jmd/executive-office-immigration-review-eoir-2021)

This means that if you are in this situation, you have a 71% chance to getting legal status and a path to becoming a United States Citizen, without the need to be married to a US Citizen.

Remember, obtaining a green card can be a lengthy and difficult process, but with the right guidance, it is possible to achieve your immigration goals. At HAYMAN-WOODWARD, our experienced attorneys can help you understand the process and guide you every step of the way. Contact us to learn more about how we can help.

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