QUESTION

Am I considered to be in valid visa status for applying for another immigrant visa if my visitor’s visa has expired and my asylum case is still pendin

Asked on Sep 05th, 2012 on Immigration - Texas
More details to this question:
N/A
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5 ANSWERS

Unfortunately, you cannot apply for a change of status (i.e., another visa) if your previous admission expired. While your asylum application is pending, you do not accrue an unlawful presence in the U.S., but you are out of status, so there is nothing to change.
Answered on Sep 18th, 2012 at 11:50 AM

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Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
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The answer is you have violated the terms of your status and would not be likely to maintain valid no immigrant status for purposes of submitting an application to change of extend status. Please be mindful that the answer being provided is based on the information that you at submitting and that this response cannot be taken as legal advice. My recommendation is that you seek the services of a competent attorney who can sit with you, review your case and provide answers to your questions. However, this is a common question which if often misunderstood. For purposes of submitting a request to change or extend non immigrant status you must be validly maintaining non immigrant status at the time the application is filed. Submitting an I-589 does not accomplish that even of the I-589 was filed before the expiration of your I-94. The moment that you submitted the I-589, you are permitted to remain in the US with authorization to await a final determination on your application for asylum. But at the same time, you are no longer validly maintaining non immigrant status once your Form I-94 expired. Yes it is complicated and sure as heck, it makes absolutely no sense. But if it did, immigration attorneys everywhere would be out of a job. So as I said above, go and schedule an appointment with someone in your area who can review your case and give you answers to your questions. Good luck.
Answered on Sep 13th, 2012 at 10:09 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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No. After your non-immigrant visa(as shown on your I-94) expires, even if your asylum application is pending, you do not have a valid non-immigrant status in the US and you may not apply for another non-immigrant status in the US.
Answered on Sep 13th, 2012 at 8:28 PM

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Rebecca T White
If your prior nonimmigrant visa status has expired you cannot now change status to another nonimmigrant visa.
Answered on Sep 13th, 2012 at 8:20 PM

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Bruce A. Coane
In general, if your I-94 has expired, you are out of status and you can no longer switch to another non-immigrant status in the USA.
Answered on Sep 13th, 2012 at 12:16 PM

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