Does overstaying a B-2 visa disqualify an alien from adjusting status if they marry a lawful permanent resident?

When considering the impact of overstaying a B-2 visa on the ability to adjust status after marrying a lawful permanent resident, it's important to understand the implications of the various immigration laws. When an individual overstays their visa, they can face limitations in adjusting their status.

Specifically, individuals who are unlawfully present in the United States may be subject to certain bars on adjustment of status. Section 245(c) of the Immigration and Nationality Act outlines the restrictions on individuals who have violated their nonimmigrant status, including overstaying a visa. This section generally prohibits adjustment of status for individuals who do not meet certain criteria, which includes maintaining their lawful status throughout their stay in the U.S.

In cases involving immediate relatives of U.S. citizens, there are often more lenient options available. However, marrying a lawful permanent resident does not afford the same considerations. The spouse of a lawful permanent resident isn't categorized as an immediate relative in the same way, meaning the individual who overstayed the B-2 visa may be hindered from adjusting their status due to that overstay.

Based on the established laws regarding overstaying visas, the implications of Section 245(c), and the definitions of family categories under the immigration system, an individual who