Ways to Stay in the U.S. After a Visa Overstay
June 19, 2025
Overstaying a visa can feel like the end of the road—but it doesn’t have to be. Thousands of immigrants have successfully adjusted their status and received green cards despite overstaying. We’ll explore nine legal options that may allow you to remain in the U.S. and get your green card without having to return to a U.S. embassy abroad.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law, a New York immigration law firm. If you or a loved one needs assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her team of experienced immigration attorneys, who are ready to guide you through every step of the process.
9 Legal Options to Fix Your Status
Depending on your specific circumstances, there may still be legal pathways available to help you stay in the country and apply for a green card. Below are nine possible options that may allow you to adjust your status despite an overstay:
1. Immediate Relatives of U.S. Citizens
If you’re the spouse, child (under 21 and unmarried), or parent of a U.S. citizen, you’re considered an “immediate relative.” This category is highly favored under immigration law, and many visa overstays may still adjust status without leaving the country. An experienced immigration lawyer at McBean Law can confirm your eligibility.
2. Asylum
If you’ve experienced persecution—or fear future persecution—based on your race, religion, nationality, political opinion, or membership in a social group, you may qualify for asylum. Approval can also extend benefits to your spouse and minor children.
3. U Visa for Crime Victims
Victims of certain crimes, such as domestic violence, assault, or trafficking, may be eligible for a U visa. This status can eventually lead to a green card, even if you’ve overstayed. Importantly, U visas come with waivers for some immigration violations and criminal history.
4. Victims of Domestic Violence (VAWA)
If you’ve been abused by a U.S. citizen or green card–holding spouse, parent, or adult child, you may self-petition under VAWA (Violence Against Women Act). Even if the abuser is undocumented, you might still qualify through the U visa route.
5. Victims of Human Trafficking (T Visa)
The T visa offers protection to people who were trafficked into the U.S. for labor or sex. It also creates a path to permanent residency. This is a highly specialized area, and legal assistance is often crucial. At McBean Law, our New York immigration lawyers are experienced in guiding clients through this complex process.
6. Abused, Abandoned, or Neglected Children (SIJS)
Children under 21 who have been abused, abandoned, or neglected can apply for Special Immigrant Juvenile Status (SIJS). This pathway not only protects the child but also allows them to apply for a green card while remaining in the U.S.
7. Section 245(i) Amnesty Provision
This little-known option helps those who had a family or employment petition filed for them on or before April 30, 2001. If you qualify, Section 245(i) can “forgive” visa overstay and allow you to adjust your status without leaving the U.S.
8. Cancellation of Removal in Immigration Court
If you’re in removal proceedings, cancellation of removal may offer relief. To qualify, you generally must prove 10+ years in the U.S., good moral character, and that a U.S. citizen or green card–holding relative would face exceptional hardship if you’re deported.
9. Adjustment of Status Through Court
Even if you’re in immigration court, you may still adjust your status based on a qualifying petition, like a marriage to a U.S. citizen. This allows you to remain in the U.S. while the court hears your adjustment of status case.
You can watch Attorney LaToya McBean Pompy’s informative YouTube video titled “Overstayed Visa: 9 Options for Green Card Without Leaving the U.S.” where she breaks down legal immigration pathways for individuals who have overstayed their visas but still wish to adjust their status and remain lawfully in the United States.
