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My visa will expire soon. However, my adjustment of status interview throught my parent will happen after my visa expires. Would it cause me to be "out of status". In another words, will I be illegally staying in the U.S.?

2007-03-13 17:17:30 · 3 answers · asked by kkiittnnaamm 1 in Politics & Government Immigration

What about "LIFE ACT"?

http://www.immihelp.com/gc/life245.html

2007-03-14 02:21:57 · update #1

3 answers

Yes. When your visa expires, you will be considered "out of status."

If you are under 21 and your parent is applying for you on the basis of his/her U.S. citizenship, being out of status is okay so long as you entered lawfully (assuming that you entered on the visa you mentioned, and with few exceptions). You will still be interviewed and can still obtain your permanent residency.

You theoretically could ask for an extension of your current status, however, if it is a non-immigrant visa, it will probably be denied because you have demonstrated immigrant intent. Also, the extension request would go to a USCIS Service Center and NOT the officer adjudicating your adjustment of status. The interviews are conducted by the local office by a DAO (District Adjudications Officer). Unless you are in removal (i.e. deportation) proceedings you will not be appearing before an administrative judge.

2007-03-13 18:33:31 · answer #1 · answered by Pickles 2 · 0 0

Technically, yes.

What you can do is notify the administrative judge who will be presiding over the status review, and ask for an extension pending the already scheduled interview.

2007-03-13 17:23:16 · answer #2 · answered by coragryph 7 · 0 0

Ask for an extension form I 531. If u fallow out of status they will be furious and you f!

2007-03-13 18:49:26 · answer #3 · answered by Fast Pace 4 · 0 0

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