If you are out of status, you cannot receive any visa. You might be able to obtain legal status through a marriage to a U.S. citizen, regardless of the length of time you would spend in the U.S. before applying. Other possibilities are asylum and cancellation of removal (if your removal would cause an exceptional and extremely unusual hardship to your U.S. spouse, parent, or child). If you do not think either one of these possibilities might work for you, consider leaving the U.S. before your overstay amounts to 180 days and, by doing so, avoiding the penalty of 3-year bar on re-entering the U.S.
Answered on Mar 11th, 2014 at 5:59 AM