Overstayed due to sickness and hospitalization

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hello Joel, Pontevicco, I request your kind attention.

I had to overstay more that 180 days but less than 1 year. This was due to my hospitalization in Jersey City (I have medical report). I flied to India and I was told by my attorney that I am facing 3 year of ban and inadmissibility.

Now its more than 5 years and I finished my 3 years Ban period and ready to work in US.

Can you please let me know since I finished my 3 years Ban period, now I can enter US with new Visa application. (Also, since my GC priority date is current, will I be able to file 485 after admitting to the US?)

Thank you in advance.


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You can apply for an H1b visa.

I am guessing that you are immigrating in an employment-based category (EB1, EB2, or EB3)?

Normally, one cannot do Adjustment of Status (the process of getting a green card from within the US) if one has ever been out of status for any amount of time, on the current or previous stays. However, employment-based categories have INA 245(k), which says that you can do Adjustment of Status even if you have been out of status, as long as you have not been out of status or working illegally for 180 days since your most recent admission. Therefore, you should be able to file I-485 after entering the US.

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