How to Become a Citizen of the United States With an Expired Visa

Once legal status is restored, an immigrant may pursue permanent residency and U.S. citizenship.

The United States offers a wealth of opportunities and liberties that sparked massive immigration for centuries. Many who come with an intent to visit legally on a tourist, religious, or work visa may, however, overstay their visas for a variety of reasons, including family care, job opportunities, or marriage/relationship with a U.S. citizen or resident. Regardless of intent, overstaying a visa makes the holder an illegal immigrant subject to deportation at any time. In such cases, the immigrant will need to secure legal counsel for guidance to legalize his or her visa status. Once legal status is obtained, the immigrant can then take the appropriate steps toward permanent residency and naturalized citizenship.

Instructions

1. Secure the services of an immigration attorney. An expired visa places you in a situation that requires legal assistance to restore your visa status and prevent deportation.

2. Check your I-94 (arrival/departure) card that you received upon entry to the United States. Locate the expiration date on your I-94 card to determine the length of expired status. If your I-94 card has been expired for less than 120 days, you may be eligible for an extension without a penalty. If your visa has been expired between 120 to 180 days, you may need to leave the U.S. and re-enter with the proper visa. If, however, your visa has been expired for over 180 days, you may be barred from re-entry into the U.S. for at least 3 years.

3. Apply for permanent residency, or a green card, once you have obtained the proper visa. To apply for a green card, you must first indicate a sponsor or someone who can prove financial ability to support you throughout the process. A sponsor can be a U.S. citizen or permanent resident (green card holder). A permanent resident can only sponsor a spouse or unmarried child. A U.S. citizen can sponsor a spouse, parents, unmarried children, and siblings. You must also complete the application, supply the necessary documentation, and pay the required fees.

4. Take the appropriate steps to become a naturalized U.S. citizen once you have obtained your green card. To gain U.S. citizenship, you must meet certain requirements including lawful residency for at least five years, being at least 18 years of age, good moral character, passing a U.S. government and history test, and taking an oath of loyalty to the United States. You also must complete and submit an official Application for Naturalization Form (N-400) from U.S. Citizenship and Immigration Services.

Tips & Warnings

• A narrow range of exceptions apply for those with expired visas that would exempt them from deportation. Such exceptions include victims of domestic violence by a U.S. citizen/resident, those seeking asylum from extreme hardship or political unrest, victims of trafficking, and unaccompanied minors.

• If you hold a criminal record or has helped anyone enter the United States illegally, your application for U.S. citizenship may be denied.

• A sponsor may not vouch for non-family members or extended family members (aunts, uncles, cousins, and in-laws) not specified by the USCIS.

References

• Yale Law: A Legal Guide for Non-Citizens
• Law Info: Overstaying Your Visa