What Happens if My U.S Nonimmigrant Visa Expires While Waiting for Another Visa Application

There is a possibility that a foreign national can stay in the United States after a visa expires while waiting on another visa application. A foreigner that entered the U.S. on an authorized nonimmigrant visa might be cutting it close timing wise if he or she filed another nonimmigrant visa application with U.S Citizenship and Immigration Services (USCIS) a few days before the current one expires. What happens if the applicant does not get an update from USCIS before the expiration date of the current visa? The applicant can either follow up with USCIS or get advice from an immigration attorney.

Was the Visa Application Filed on a Timely Manner?

Perhaps an application was submitted at the last minute, and it arrived at the designated USCIS office after the authorized stay expired. The best scenario in such a situation would be to leave the U.S. and either visit the U.S. Consulate in one’s home country to get a new visa for re-entry or if the present visa has multiple entries and it has not expired it is recommended to return home.

Additionally, it is important to correctly identify the required departure date that is shown on the I-94 Arrival/Departure Record, which is different from the date on the original visa. The I-94 can now be found on the database for the Customs and Border Protection Agency which is accessible.

What Can Be Done Before the Expiration Date Arrives

If for some reason you see that the expiration date of the authorized stay in the U.S. is getting closer and you are still waiting for an answer from USCIS, it is time to check the USCIS website for the status of your application. If there is no success in getting a status of the application, ask an immigration lawyer for help.

What Do You Do After the Immigration Status Expires

Once a lawful immigration status expires and the visa holder is working, that person must stop working immediately. On the other hand, if another visa was pending with USCIS it is advised to not leave the country but to wait for a decision from USCIS. Here again you will need to consult with an immigration attorney to be on the safe side and ensure no days of unlawful presence are being accrued. It is good to know if the applicant of a pending visa is in unlawful status or not. No one would like to accumulate days of unlawful presence as it could bring unfavorable consequences. Such results could mean being barred from entering the U.S. for three years, ten years, if not permanently, depending on the amount of time spent in the U.S. unlawfully.

Do You Need Help

If your U.S. visa has expired while waiting for another pending visa application from USCIS it is time to look for help from an immigration attorney. Do not risk overstaying or accruing unlawful presence and end up compromising your right to stay in the U.S. ContactGambacorta Law Office today at 847 908 4913 if yourself in a risky situation.