I am a citizen of another country and I came to the US using a visa but I overstayed the period for which I was admitted. I am now married to a US Citizen and my spouse and I want to begin a case so I can become a permanent resident. Can I still apply without leaving the United States?

 

A:

Yes. So long as you are the immediate relative (meaning the spouse, child under 21, or parent) of a US citizen, the fact that you have come with a visa and overstayed will not prevent you from being granted permanent resident status without leaving the United States.