Brad explains that you can adjust status in the U.S. through marriage to a U.S. citizen, even if you’ve overstayed a visa, as long as the marriage occurs 90 days after entry. Adjustment of status allows you to get your green card without leaving the U.S., along with a work permit and a travel document called advance parole, enabling travel while your application is pending. Brad Bernstein is an immigration lawyer and president of Spar & Bernstein (www.lawsb.com) with over 30 years of experience

Super Lawyer Brad Bernstein assists a caller who is a U.S. citizen and is married to her spouse who obtained Deferred Action for Childhood Arrivals (DACA) benefits after overstaying his visa. He has his I-94, stamped passport, and a clean record. They got married in July of 2022, and they heard from friends they have to wait three years before applying for his adjustment of status to start the process for him to obtain a green card. They’re unsure whether that’s true or not and would like clarif