What Happens If Your Immigration Case Is Pending and Your Visa Expires?
Filing an immigration application or petition is crucial for many immigrants who live in the U.S. The common problem that emerges in these situations is what to do when your visa has expired, while an immigration application remains under review. The problem leads to many questions and can cause stress due to the uncertainty about whether you can stay in the country and work.
Knowing the effects of the immigration process on your legal status is a good way of avoiding trouble.
Visa expiration versus unlawful presence
One critical distinction you need to understand is the difference between having a visa and lawful presence in the United States. A visa simply refers to documentation required for entering the US, while one’s authorization period is set by the expiration date of their I-94 card.
If the authorization period expires without any steps being taken, you can start accruing unlawful presence. In some cases, however, filing an application can allow you to stay in the country while your case is pending.
Adjustment of status applications
In most cases, you would submit an adjustment of status form (I-485) to obtain permanent residency status. In that case, you will be authorized to remain in the United States as long as the application process is ongoing, even though your visa has expired.
This does not mean that you get a new visa, but only that you can reside legally in the US during the processing of your case. Since immigration processing takes quite some time, such a provision is very important for applicants.
Employment authorization during the waiting period
If you have an ongoing immigration case, you are also entitled to file for employment authorization. By submitting the form I-765, applicants seeking to adjust their status can secure employment authorization while awaiting the decision on their green card application.
After approval, the employment authorization document entitles you to legally work in the U.S.
Travel restrictions and advance parole
Another crucial issue is traveling outside the US while your case is pending. Traveling out of the country while your case is pending can have dire consequences.
In most cases, traveling out of the country without securing advance parole (I-131) can lead to your petition being deemed abandoned. Advance parole permits you to travel and come back to the US without abandoning your application.
Due to the complicated nature of traveling, it is generally recommended that you seek legal advice from a Miami immigration lawyer before you travel outside of the country.
Legal guidance is important
Immigration laws can be complex, and each case presents its own unique challenges. An immigration lawyer will be able to assess your situation, discuss your course of action, and help you stay legally compliant as you await your results. It is wise to consult with a Miami immigration attorney early in the process to ensure the best results.
Talk to a Miami, FL, Immigration Lawyer Today
Law Office of Wilfredo O. Allen, Esq. represents the interests of immigrants looking to stay and work in the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin advising you right away.