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Adjustment Of status for overstayed H1-B visa

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Serene2000

Junior Member
What is the name of your state (only U.S. law)? IL

Hi
One of my relatives had H1-B visa & he had overstayed his visa.
If he gets married to a a US citizen, can he adjust his status?
(Considering current situation in immigration Executive order. He is not from that 7 Ban countries though)

Thanks
S
 


FlyingRon

Senior Member
He needs an immigration attorney. If he entered legally (even if he is now an overstay), he can apply to adjust his status. Of course, it's possible that it might not be granted, but bona fide marriage to a US citizen is usually granted. However, if he leaves the country he may be barred from reentry (even with an adjustment pending).
 

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