Can a person who overstays B1 visa adjust his/her status

[hlhz]

Hi I'm a permanent resident of US, I filed for citizenship last year and was told that my case is pending name check and it can take a couple of years (or longer !!) before the name check is cleared. My wife just entered US on B1 visa. I'm wondering if she overstays her B1 visa while waiting for my citizenship, when I get my citizenship, can she still adjust her status in the US and get her green card, or is she subjected to the bar of 3 years (or ten years if she should overstay for > 1 year)?

I would really appreciate if someone can give me an answer

[vinny]

See also Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status

[Daniel Green]

Hi I'm a permanent resident of US, I filed for citizenship last year and was told that my case is pending name check and it can take a couple of years (or longer !!) before the name check is cleared. My wife just entered US on B1 visa. I'm wondering if she overstays her B1 visa while waiting for my citizenship, when I get my citizenship, can she still adjust her status in the US and get her green card, or is she subjected to the bar of 3 years (or ten years if she should overstay for > 1 year)?

I would really appreciate if someone can give me an answer

An person who has overstayed his/her visa may adjust status through a marriage based I-130/485 with a U.S. citizen. The 3/10 bars only kick in upon a person's departure from the U.S.

-Dan

[hlhz]

Thanks!