Overstays and Unauthorized Work
If you have been visiting the US, and overstayed your visa, chances are you may have also engaged in unauthorized work. Most immigrants, given the chance, choose to work to support themselves. Without a work permit (also known as an Employment Authorization Document, EAD), however, this becomes problematic for future immigration plans. All is not lost though! Often, depending on the length of the overstay and unauthorized work, you may still qualify for a green card, although the process will usually need to take place at the US Embassy in your home country. There is an exception for spouses of US citizens. Spouses of US citizens will generally have any unauthorized work and time of overstay forgiven during the marriage-based green card process. If you do have any time out of status (an overstay), or have engaged in unauthorized work, speak to an immigration professional to ensure the smoothest immigration process for your future.