Is there a fee when you overstay your visa while applying for a green card?

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Is there a fee when you overstay your visa while applying for a green card?

I have been in this country for 10 years now and I have overstayed my visa. I recently got married (a year ago) and now am trying to apply for my green card. Are there any other fees like when you have overstayed your visa, and if so, how much is the fee?

Asked on September 29, 2011 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you initially entered the country lawfully but have since overstayed and you are going to be applying for adjustment of status to permanent residence on the basis of marriage to a US citizen, you will need to pay for the regular USCIS filing fees but there will be no penalties for this so no additional payments will be required. Of course, if you are going to work with an attorney, there will be legal fees involved as well.  As far as the USCIS filing fees, currently, they are $420 for the I-130 petition and $1070 for the I-485.  This is the total USCIS filing fees that would be due for you.


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