QUESTION
Can I travel within the USA with a k2 expired visa?
Asked on Jan 01st, 2011 on Immigration - Arizona
More details to this question:
My mom is a permanent resident, and she summited a I-130 petition for alien relative. What can I do to travel within USA. Thank you in advance for your time.
4 ANSWERS
Why didn't you get the residency when your mother did? Being in the United States without legal immigration documents can get you detained and deported.
Answered on Jan 17th, 2011 at 5:43 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
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An expired K2 visa and/or K2 I-94 does not grant you permission to travel inside the U.S. If your K2 status is expired you are illegally in the U.S. and subject to being arrested and removed from the U.S.
If you entered the U.S. as K2, did you mother (the K1) marry the petitioner? If so, why did you not file for adjustment of status? It still may not be too late for you to do so.
Answered on Jan 03rd, 2011 at 9:28 AM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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I am assuming your mother was a K-1 and you were her dependent. If so, you were a derivative and should have file your I-485 at the same time as your mother if you were under 21. You should probably meet with an attoney. More information is needed to determine the best option.
Answered on Jan 02nd, 2011 at 6:43 PM
Citizenship Law Attorney serving Tucson, AZ
at
Messing Law Offices, P.L.C.
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From what you write, you are out of status. If stopped by law enforcement, you could be put into removal proceedings, whether travelling, or in the place where you live. The I-130 filing does not grant you any rights to be in the U.S. However, depending on your age and the history of the case, it is possible that you have been entitled to permanent residency since the time your mother first became a permanent resident. You should consult an immigration lawyer right away.
Without a retainer agreement with this office, there is no attorney client relationship, confidentiality of the attorney client relationship, or responsibility of this office for the case.
Answered on Jan 02nd, 2011 at 5:58 PM