Are there any exceptions to a visa overstay?
Are there any exceptions to a visa overstay? There are various exceptions to a visa overstay that you should be aware of.
One exception is a provision in the U.S. law that allows immediate relatives of U.S. citizens to be exempt from the visa overstay. However, this exemption only applies to:
- Unmarried children (under the age of 21)
However, in order to be eligible for this exemption and for adjustment of status (meaning they can get a green card in the U.S.), the immediate relative must have a lawful entry into the U.S. If someone entered the country without going through a CBP officer, they will not be able to submit a green card application.
Another exception exists if you can show that extraordinary circumstances exist or that your spouse, parent, or another immediate family member that is a U.S. citizen or lawful permanent resident, would suffer extreme hardship without you. However, this exception is very difficult to prove. An experienced lawyer can help you gather the documents you need to support your case.