Getting a green card while you are in the U.S. with a visa can become quite complex when it comes to visa expiration. It is not uncommon for immigrants to experience having their visa expire as they are waiting for their green card, which can lead to some difficulties with becoming a U.S. citizen. Here is everything you need to know about what visa expiration means and how to go about renewing a U.S. visa before expiration.
Understanding U.S. Visa Expiration
It is very common for immigrants who enter the United States to do so with some type of temporary visa so that they can legally stay in the U.S. as they submit a green card application. The problem with this is that the green card process can take quite a long time, and your U.S. visa may expire before you get your green card.
Immigration laws can be pretty confusing, and many immigrants do not completely understand that their visas can expire while they wait for a green card. This can result in immigrants staying in the U.S. unlawfully, which can come with severe penalties.
As an immigrant entering the U.S. with a visa, it is your responsibility to ensure that you fully understand how long you are allowed to stay in the U.S. Your U.S. visa application expiration date should be included in the process so that you know how long you have to get a green card. If your visa expires before you are able to do this, you need to take the necessary steps to ensure you remain legally in the U.S.
Consequences of Staying in the U.S. Illegally
It can be tempting to try to stay in the United States even after your visa has expired, as you are waiting for your green card. The reality is that this is a very bad decision, as you will be considered an illegal immigrant once your authorized stay period has expired. Here are some of the penalties for unlawful presence in the U.S., even if you are waiting for a green card:
Inadmissibility: If you have acquired 180 days of unlawful presence in the United States and you leave the U.S., you are facing the possibility of being barred from returning for three years. Those who have been unlawfully in the U.S. for one year could face a ten-year ban.
Reduced immigration options: Residing in the United States unlawfully can make it much more difficult to obtain visas in the future or receive immigration benefits such as employment authorization. You will be much less likely to be approved for different immigration options as you will be considered a risk.
Removal from the U.S.: If found unlawfully residing in the U.S., immigrants can face deportation. The most significant risk with deportation is that the terms of your removal will usually include being barred from returning to the U.S. for anywhere between 5 to 20 years or even permanently.
Criminal charges: In some rarer instances, those found unlawfully residing in the United States may even face criminal charges, such as identity theft or fraud.
If you are facing any of these penalties, you need to hire an immigration attorney to represent you and ensure your rights are upheld. There are many different avenues with immigration laws that can help you avoid severe penalties and maintain lawful residence in the U.S.
Pending Green Card Application Vs. Approved Petition
Part of why immigration laws around visa explorations are so complex is that you are allowed to remain in the United States while your application for a green card is pending, even if your visa expires. For your green card application to truly be pending, you have to have filled out the forms in your own name to apply for a lawful permanent residence.You do not have a pending green card application if someone else has started this process for you as your sponsor.
Because of these distinctions, having an approved petition for a green card is not enough for you to remain in the U.S. after your visa expires. This is because petitions are filed by a family member or employer, not you. An approved petition is just the beginning of the visa process since it only shows that you and the sponsor have some form of employment or a familial relationship.
Understanding Adjustment of Status
Some immigrants are able to stay in the United States and apply for a green card while living here using a procedure known as adjustment of status. When you get an adjustment of status, you will usually receive a work permit that allows you to not only live in the U.S. but also earn a living. The best part of the adjustment of status is that you can remain in the U.S. while you wait for your green card to be processed, even if your visa expires during this time.
Adjustment of status is not to be confused with consular processing, as this process requires you to apply for a green card while outside the U.S.
Renewing U.S. Visa Before Expiration
If you are knowledgeable about your visa, you should be aware of when your visa expiration date is so that you can begin the U.S. visa renewal process. You should start this process before your visa expires so that you will not be categorized as living in the U.S. unlawfully.
You need to hire an immigration attorney to help you determine whether it is possible for you to apply for a visa extension or if another option would be better for your situation. If you wish to apply for adjustment of status to avoid having to renew your visa, an attorney can also help you with this complex process and prepare you for the interview.
Hire an Immigration Attorney Today
Are you trying to get a green card after your visa has expired? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your case. We deal with the government, so you don’t have to!
