What happens if my visa expires during adjustment of status?

Visa Expiration During Adjustment of Status: Maintaining Your Legal Presence

The adjustment of status process, a pathway to a green card while residing in the United States, can be a complex and lengthy journey. One common concern for applicants is what happens if their visa expires while their application is pending. The good news is that, in most cases, the expiration of your visa doesn’t automatically jeopardize your legal status.

Crucially, expiring visa does not mean you must leave the United States during the adjustment of status process. As long as your application for adjustment of status was filed before your visa expired and is pending with USCIS (United States Citizenship and Immigration Services), you generally maintain lawful status. This means you can continue to legally reside and work in the U.S. until a decision is made on your application. This is a considerable advantage, avoiding the often more complicated and time-consuming alternative of consular processing, which requires leaving the country and applying for a green card from a U.S. embassy or consulate abroad.

However, it’s important to understand that this legal grace period hinges on the timely filing of your adjustment of status application. Submitting your application before your visa expires is paramount. Failure to do so could result in your losing your lawful status and potentially facing removal proceedings.

Furthermore, maintaining lawful status while your application is pending requires adhering to all other relevant immigration laws. This includes avoiding any actions that could negatively impact your case, such as committing crimes or accumulating significant traffic violations.

While your visa expiration itself is typically not an immediate cause for concern during the adjustment of status process, it’s crucial to keep the following in mind:

• Maintain your communication with USCIS: Respond promptly to any requests for information or evidence from USCIS. Ignoring their communication can hinder the progress of your application and potentially create complications.
• Keep your address updated: Ensure USCIS has your current and accurate address on file. Failure to do so could result in delays or missed notices.
• Consult with an immigration attorney: Seeking professional legal advice is highly recommended. An immigration attorney can guide you through the process, ensure your application is properly filed, and advise you on how best to manage your status while your application is pending.

In summary, the expiration of a visa during the adjustment of status process doesn’t automatically lead to removal from the U.S. provided the application was filed correctly and beforehand. However, maintaining proactive communication with USCIS, keeping accurate information on file, and seeking professional legal counsel are crucial for a successful outcome. Ignoring these aspects can potentially jeopardize your application and your legal standing in the country.