Have you fallen out of status? This means that you entered legally to the U.S. and you stayed in the U.S. past the expiration of your visa. If so, then you have to leave the US as soon as possible, or within the grace period.
Unfortunately, it is unlikely you will be able to get a work permit at this point or avail of any other immigration benefit. But most of all, your current visa will be automatically voided.
Falling out of status also puts you at risk of being denied future visas to travel to the United States, or you could be barred from re-entry to for a certain period of time. This is the consequence of your unlawful presence during your overstay.
If you are here in the US illegally, without a visa, and never had any status in the first place, most of the discussion is NOT applicable to you. An illegal entry has its own set of ramifications when you want to be a citizen. Firstly, deportation is an immediate issue. And secondly, there are penalties for overstaying.
If you’re an immigrant who needs the help of a reliable and trustworthy attorney, this article will go through 3 questions you may be asking if you have fallen out of status.
Have You Really Fallen Out of your Lawful Immigration Status?
You should consider the date that you are expected to depart before you should worry about anything. That date is shown on your I-94 Arrival-Departure Record or stamped on your passport.
Take note that your I-94 or passport likely shows a different date than what is on your original visa. Your visa expiration date is the last date you can use the visa to enter the United States.
If you have a student visa, it might say “D/S” instead of a date. This means “duration of status,” D/S means that you can stay in the United States for as long as it takes to complete your studies.
Can you still Renew Your Immigration Status?
Many visa categories in the U.S. can be renewed or extended before they expire by filling out an I-539 form and submitting it to USCIS beforehand.
If you’re allowed to renew your visa, be sure to file ahead of time. Once your I-94 expires or you are otherwise out of status, there is no reversing it without exceptional circumstances.
You might be able to switch your status, for example from F-1 student to H-1B worker.
Can you change to another Type of U.S. Immigration Status?
The U.S. limits the amount of time you can stay here, whether you are an immigrant or not; if your authorization has run out, there are few options for finding a job here.
There are requirements for getting a work visa.This can be either getting offered a job from an employer that will help you get a temporary visa or green card or having permission to be employed. Even if some visas and green cards are available, it isn’t an easy process. That process does change depending on the type of visa you apply for.
However, exceptions exist within the world of immigration law:
- If you fear persecution in your home country and/or lack the required documentation to enter the U.S., applying for asylum or refugee status could eventually lead to a work permit and/or permanent status in the United States.
- Suppose you were to marry a U.S. citizen, and you came here legally, you might be able to apply to adjust your status and get a green card.
- Similarly, you might be a victim of a violent crime and could therefore qualify for a U-, S -, or T-visa
Consult with an Immigration Attorney
If you believe that you are eligible for a temporary visa or permanent green card, call us today!
Or, if you want to discuss your case, need help on your citizenship application or your immigration journey, whether it is about getting a green card or applying for naturalization, you can call us and schedule an appointment. We will let you know if and how we can help.
Remember, every case is different, and we won’t take your money if we can’t help you.
