If you have fallen out of status—meaning that you entered legally to the U.S. and you stayed in the U.S. past the expiration of your visa—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, then you never had any status in the first place, therefore most of the discussion is not applicable to you. But an illegal entry has its own set of ramifications when you want to be a citizen, one- deportation is an immediate issue, and two- there are penalties for overstaying.
Here are 3 questions you may be asking if you have fallen out of status.
First- 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.
Second- 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.
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The information provided in this video is for general information purposes only. I am not providing legal advice, and this content does not trigger an attorney-client relationship. Although I am a lawyer, I am not your lawyer and you are not my client. To become your lawyer, we must first meet one-on-one and enter into a fee agreement for legal services. I am a licensed attorney by the State Bars of New Jersey and New York (in good standing). I'm also a member of the American Immigration Lawyers Association (AILA) and the Bar of the United States Supreme Court. Learn more about me at [ Ссылка ].
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