Significantly more information is needed in order to provide a legal analysis and conclusion. Generally, someone who overstays a visa and becomes out of status is ineligible to adjust status (apply for a "Green Card") in the United States, and instead will need to go abroad to pursue "consular processing." If a foreign national overstayed a visa for 180 days or 1 year, he/she may be subject to a 3-year or 10-year bar to re-entering the U.S. If, however, the foreign national entered the U.S. lawfully and with inspection, then became married to a U.S. citizen, he/she may be eligible to apply to adjust status in the Immediate Relative visa category notwithstanding that he/she overstayed a visa. It would be wise to work with an immigration attorney who could learn all of the relevant facts and then advise you about eligibilities, options and strategies, and who could provide legal representation in the process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
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