QUESTION
Am I eligible for the adjustment of status if my visa expired last year?
Asked on Jun 11th, 2015 on Immigration - California
More details to this question:
I have won the diversity visa lottery and currently I'm student in US. I have valid I20 for D/S, however my visa expired last year. In the USCIS web site it says, 1)Have been selected for a diversity visa by DOS’s lottery; 2) Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and 3) Are admissible to the United States. I'm little confused with statement 2 and 3. Someone told me that "you cannot adjust status, but since you are a "status violator" rather than an overstay, you have no unlawful presence".
3 ANSWERS
Visa expiration is irrelevant if you are in valid F-1 status and are currently enrolled with a valid I-20.
Answered on Jul 01st, 2015 at 1:35 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Generally speaking, to be eligible for adjustment of status an applicant must have entered the United States with inspection and remained in valid status at the time he/she files the application. Hence, the expiration of your visa may have no bearing on your eligibility. You should consult with an immigration attorney before filing any applications with USCIS.
Answered on Jun 15th, 2015 at 10:13 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can adjust your status as long as you are a full-time student with a valid I-20 regardless of whether your visa expired or not.
Answered on Jun 15th, 2015 at 8:43 AM