Can the Spouse of a U.S. Citizen Still Adjust Status After Falling Out of Status?
Family ImmigrationSeptember 28, 2026

Can the Spouse of a U.S. Citizen Still Adjust Status After Falling Out of Status?

Attorney Edwin K. Fogam

Marriage to a U.S. citizen can provide one of the most important pathways to permanent residence in the United States. But many spouses become concerned when they discover that they have overstayed a visa, fallen out of status, or worked without authorization.

For many spouses of U.S. citizens, the first major question is whether the person was inspected and admitted or paroled into the United States. Immediate relatives of U.S. citizens are exempt from certain adjustment-of-status bars under INA §245(c), including certain failures to maintain lawful status and unauthorized employment.

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