What if my VISA expires during my application process for a green card and I get rejected for a green card?

If an individual has a current visa status at the time that he or she files an I-485 adjustment of status application with U.S.C.I.S., he or she is allowed to remain in the country pending the determination. He or she will also not accrue any illegal presence which would subject an illegal individual to 3 or 10 year bars upon return during the time of the adjudication. If the I-485 is denied and you leave the country before 180 days have passed, you would be able to come back into the country without a time limit or bar as long as the U. S. consulate consents to give you another visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.