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If an immigrant has an expired visa then that person can upgrade to permanent residence within the US but if not then he needs to file with the American Embassy in his country meaning going back and staying during the process. Any stay over 5 years qualifies for a 10 year ban but if that person is married then they are eligible for the waiver of hardship.

It's best to discuss options with a Immigration attorney because every case is different. For example, a friend of mine qualifies to became a permanent resident under her now legal resident mother because her mother petitioneed for her long ago when she was a teen in the US illegally. This grandfathers her now under this petition because the petition was filed before a certain date but if she marries then it is void.

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13y ago

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