Your Visa Expired While You Wait For Another One

Visa Expired

You may have filed a request with U.S. Immigration and Customs Enforcement (USCIS) if you entered the United States using a valid visa for nonimmigrants. Before the expiration date of your stay, you must file a new application. You might be waiting for the Citizenship and Immigration Services (USCIS) reply for an extension of your stay or for a change in your status. What happens if USCIS does not respond before your visa expired? This is not a rare situation. USCIS is known for its backlogs and delays in processing applications. Below is a description of what to do.

Have You Really Submitted Your Application To Uscis In Time? 

You may have sent your application last minute, but it was received by USCIS after the time period for your stay had expired. In this situation, you can either leave the United States to visit a U.S. Consulate to obtain a new visa or return if your visa hasn’t expired yet and allows multiple entries.

Assuming you have correctly identified the required departure date. The date is usually found on the I-94 Arrival/Departure Record. This may be different from the visa’s original date. The latter date is the last possible day you could have used to enter the U.S. with that visa. Customs and Border Protection used to give out I-94s on paper at the time of entry, but now they are more often logged in a database, which can be accessed.

What To Do Before The Expiration Date Arrives?

You should investigate what is going on if you are about to reach the expiration of your stay in the U.S. and have not received a response from USCIS. You can check your application status online at USCIS’s Check Case Processing Times.

You can contact USCIS through its Customer Service Center if you are unable to reach the USCIS website or if your answer is not helpful. You might be able to get some information from the officer at USCIS (after you’ve spent a lot of time on its voice-automated service and asked for a call back). You may have missed a USCIS decision that was sent to you by mail.

What to do After the Expiration Date of Your Immigration Status Arrives?

After the expiration of your visa, you no longer have any immigration status. You must stop working if you have a Visa that allows you to work in the U.S.

You are not required to leave the United States. You can stay in the United States until a decision from USCIS is made.

You don’t accrue “unlawful” status. It’s important to note that people who have accrued unlawful status for more than 180 consecutive days will be punished with a ban on reentry after leaving the United States. The bar increases to ten years if you have more than one year of unlawful status.

Do You Need Help? 

If you are not receiving satisfactory answers from USCIS and your visa’s permitted stay has expired, it is a good time to contact an immigration attorney. Do not wait until your status is at risk or you are in danger of losing your right to stay in the United States. Contact Black Law Company now to learn more about U.S. immigration law.

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