Immigration - Frequently Asked Questions

Frequently Asked Questions On Immigration

Overstay For Permanent Residence

Q. I'm a permanent resident and petitioned for my wife in September 1997. She is in US on a visitor visa and plans to overstay the six months the INS allowed her to stay. If she overstays, will the INS interview her here, thus avoiding any penalties for having overstayed?

A. The INS will interview your wife here. She qualifies for an "adjustment of status" interview with the INS because you petitioned for her before Jan. 15, 1998. If she overstays but doesn't leave the US until she becomes a permanent resident, she will avoid the "unlawful presence" bars to permanent residence.

(By Alan Wernick)

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