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Adjustment of Status to EB-4 After Overstaying a B2 Visa

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  • 09-15-2016, 12:54 PM
    SYGY
    Adjustment of Status to EB-4 After Overstaying a B2 Visa
    Entered legally and overstayed. Employment based, Fourth Preference EB-4 (religious worker) allows adjustment of status as stated. Might an off-status immigrant be disqualified for being off status? Both immigrant and institution fulfill requirements from uscis. Description on website does not clarify this angle. Thanks
  • 09-15-2016, 01:23 PM
    Mr. Knowitall
    Re: Adjustment of Status to EB-4 After Overstaying a B2 Visa
    Depending on the length of your overstay, if you leave the U.S. you may be able to obtain a EB-4 visa or you may face a period of ineligibility from entry based upon your overstay.

    It is exceptionally unlikely that you'll be able to adjust your status -- that is, remain in the U.S., seek EB-4 status, and gain that lawful status -- from inside of the United States. As we have none of the relevant facts pertaining to your situation, if that's what you're hoping to accomplish, you should speak with an immigration lawyer.
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