FAQs

What if a foreign spouse entered the United States on a visa waiver and overstayed?

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If your foreign spouse married you in the United States; entered on a visa waiver and overstayed; and is currently in the United States, it is possible that they could remain and file an application to adjust status with the USCIS to become a lawful permanent resident (‘green card’ holder). A review of the facts of the spouse’s specific situation is required to make this determination.