Is there a fee when you overstay your visa while applying for a green card?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.