Immigrants already in the US who are eligible for permanent residency are open to apply for a green card without leaving the nation through the procedure of adjustment of status. However, the process is not for every immigrant living in United States.
well it depends upon the Well, it depends upon the current immigration or visa status, required by the law to exit the United States for attending the green card interview at the U.S. embassy in the home country.
Living in the US with expired visa, makes you most likely to be ineligible for the application of adjustment of status. The procedure is primarily open for people who are both eligible for a green card and living in the United States with a valid and unexpired visa. Also, he shouldn’t have worked illegally, with no time spent time beyond lawful status.
If your visa is about to get expired, and you are not willing to apply for any adjustment of status just check whether you are eligible to apply for the extension/renewal of visa or not. This way you will be stick to the eligibility for the adjustment of status for an apt time.
Firstly, make sure that you know the correct expiration date of your visa. It is usually shown on Form I-94, the Arrival/Departure Record created at the time of entering the United States.
If you entered as student, then as per I-94 may, you “duration of status,” is valid till you finish your studies.
The expiration date of your visa, when you entered the US, only indicates for how long you are eligible to use the visa. More importantly, the date on the I-94 form showcases the date, your visa is getting expired on.
Risks involved With an Expired Status
If you are currently in the United States after your authorized period of stay, and still haven’t submitted the application for adjustment of status, and decide to stay back in the US, you will surely be compelling a big risk.
Staying after the authorized date without any extension/ pending AOS application, it is surely affect your eligibility to adjust the status in future.
The worst part, if you get caught, this overstay of yours can result in the removal from the US along with 10 year bar on return.
If you are currently in the United States using an expired I-94 but feels that you hold the eligibility for permanent residency, the best solution is to contact an expert immigration attorney. The attorney will examine all the facts of the case and try to come up with a suitable strategy. After connecting with the best immigration lawyer, speaking with him will make you feel that you either need to leave the United States or reapply for new visa for getting an entry, or he can help you with simply applying for the extension of current stay in the country.
Need any Immigration Help? ilexlaw helps with experienced attorneys for your case.Top of Form