In some situations, overstaying a visa does not prevent you from applying for a green card, especially if you are an immediate relative of a U.S. citizen. Immigration law forgives certain overstays for this category, as long as the initial entry was lawful. However, other factors such as prior immigration violations or criminal history can still affect eligibility.

If you are not an immediate relative of a U.S. citizen, an overstay can create serious obstacles. You may need to leave the U.S. and apply through consular processing, which could trigger reentry bars. Because overstays are treated differently depending on the immigration pathway, reviewing your situation carefully before filing is important.