Can I Apply for a Green Card If I'm in the U.S. on an Expired Visa?

Some immigrants who are already in the United States and eligible for permanent residence can potentially apply for, and receive, a green card or lawful permanent residence without leaving the country. They do so through a procedure called "adjustment of status" (AOS). However, the AOS procedure is not open to every immigrant. Some people, depending on their current visa or immigration status, are required by law to leave the United States to attend their green card (immigrant visa) interview at a U.S. embassy or consulate in their home country (called "consular processing").

If you are in the United States after having stayed beyond the time permitted under your visa, then you're most likely not eligible for AOS. This procedure is mainly open to people who are not only eligible for green cards, but who:

• are in the United States after a lawful entry and still in valid immigration status (with exceptions)
• have not worked illegally, and
• have not spent time out of lawful status.

As mentioned, a few exceptions exist, which are discussed below.

But even your ability to take advantage of those exceptions is in doubt as of 2026, when U.S. Citizenship and Immigration Services (USCIS) announced in a Policy Memo that AOS is "a matter of discretion and administrative grace" which it considers an "extraordinary" form of relief. It declared that simply wanting to stay in the United States and apply for a green card via AOS, instead of leaving for one's home country and using the "normal" consular processing procedure, is a strike against the applicant (in most categories). This and any other negative factors, even if they don't rise to the level of making the applicant "inadmissible" (such as visa overstays and traffic tickets) will need to be outweighed by a showing of positive factors, presumably such as a positive work history, involvement in family, houses of worship, and volunteer activities, and so on. Lawsuits might follow, so this issue is not yet settled.

Has Your Permitted U.S. Stay Really Expired?

First, let’s make sure you’re looking at the right expiration date. It’s normally shown not on the visa itself, but on the Form I-94 Arrival/Departure Record that was created for you when you entered the United States.

I-94s were once printed on pieces of paper, and still are at some ports of entry, but most U.S. entrants' I-94 information is now entered into a database by Customs and Border Protection (CBP). You can check for yours on the CBP website.

If you entered the United States as an F-1 student, the I-94 will likely say “D/S,” for “duration of status,” rather than a date. That means you can stay until you’ve finished your studies, so long as you don't do something to violate your student status.

The expiration date on your original visa, which is the document with which you entered the United States, does not indicate how long you can stay in the United States. It shows only how long you can use that visa for U.S. entry. Again, it’s the date on your I-94 that you should be looking at.

What If Your I-94 Expiration Date Is Coming Up Soon?

If you realize that your permitted U.S. stay as shown on your I-94 is about to expire, and you’re not quite ready to apply for adjustment of status, and you don’t fit into an exception allowing an overstay before adjusting, look into whether you can apply for an extension or renewal of your current visa status. That way, you might be able to hang onto your eligibility to adjust status to permanent resident for when the time is right.

Exceptions Allowing AOS by People With Expired Permission to Be in the U.S.

Despite the general rule that people whose authorized stays in the United States have expired cannot use the adjustment of status procedure to get a green card, there are a few categories of people who might be able to stay in the United States and do just that:

• Immediate relatives of U.S. citizens, namely their spouses, parents, and unmarried minor children (under age 21). Immediate relatives may adjust status even with an expired stay under a visa; but not if they entered the United States unlawfully, that is, without a visa or other authorized form of entry, or by falsely claiming to be a U.S. citizen or returning lawful resident. It's also problematic if they entered fraudulently, for example using a B-2 visitor visa with the true intention of staying permanently, because the fraud makes them "inadmissible."
• Immigrants who qualify under an old law known as Section 245(i), by having had a family-based I-130 petition or a labor certification filed on their behalf by January 14, 1998; or by having been physically present in the United States on December 21, 2000 and had an I-130 petition or labor certification on file by April 30, 2001.
• Immigrants applying for green cards on the basis of employment who have spent no more than 180 days out of status; for example, whose permitted stay expired up to 180 days before submitting the adjustment of status application.

(See I.N.A. § 245, 8 U.S.C. § 1255.)

Figuring out whether you fit into one of these exceptions can be difficult, and will depend on more details in your personal situation than we can describe at length here. And again, after the 2026 policy change, you might have to do some heavy lifting to get USCIS to allow you to use an exception. If you have any questions, you’d be wise to consult an experienced immigration attorney.

Process for Applying for Adjustment of Status

For information on the actual forms, documents, fees, and procedures required to apply for a green card, see What You Need to File I-485 for Adjustment of Status.

Risks of Remaining in the United States With Expired Immigration Status

If you are in the United States beyond your authorized stay, and you haven’t yet submitted your adjustment of status application to USCIS, and you decide to stay in the United States regardless, you will be taking a huge risk.

Staying past your authorized date without having received an extension or having a pending adjustment of status application on file could be grounds for penalties that will affect your ability to adjust status in the future, or to apply for most other sorts of immigration benefit.

If you’re caught by U.S. immigration authorities (Immigration and Customs Enforcement, or ICE), your overstay could result in your removal from the United States and a possible 10-year bar on returning. Also, sometimes being arrested by regular police can result in your being turned over to ICE after jail time. (See The Immigration Hold Process After Jail.)

Should You Renew Your Status While Awaiting Adjustment of Status Approval?

At some point after you have submitted your AOS application, you will receive a work permit or "Employment Authorization Document" (assuming you included a Form I-765 along with the main form, the I-485) and can legally remain in the United States until USCIS makes its decision regarding your green card. At that point, it probably won’t make a difference if your originally permitted stay expires while you wait. (The wait for USCIS to move forward, including scheduling you for biometrics and likely an AOS interview, can be several months long.)

Nevertheless, just in case USCIS denies your adjustment of status application, maintaining your previous immigration status can be a safe bet. But extending your status is possible only in visa categories that allow “dual intent,” meaning that it won’t legally matter that you’re promising to stay in the U.S. temporarily while simultaneously trying to find a way to stay permanently.

When to Contact an Immigration Attorney

If you are in the United States with an expired I-94 but believe you are eligible for permanent residence, by all means contact an immigration attorney. The attorney can examine the facts of your case and come up with an appropriate strategy. You might find that you will either need to leave the United States and reapply for a new visa for U.S. entry, or can simply apply for an extension of your current stay in the United States, both of which your lawyer can help you to do.