After changing status or submitting the I-485 form and the visa I am currently possessing expires within the waiting period, do I become an illegal resident?

After changing status or submitting the I-485 form and the visa I am currently possessing expires within the waiting period, do I become an illegal resident?

Answer

There are many questions that revolve around, “After changing status or submitting the I-485 form at the immigration office and the visa I am currently possessing expires within the waiting period, do I become an illegal resident?”


Initially,

if you submit a request for a status change, a filing receipt is issued. Even if your visa expires within the waiting period, including OPT, you are still considered a valid legal resident. This means your status is lawful until the results are released. However, in a case where you consequently receive a rejection notice, you immediately become subject to departure and will be required to leave as soon as possible.

Thus,

your status of whether you will continue to reside or leave is determined on the day the results are released.

-------------------------------------------------------------------------------------- Disclaimer We do not provide legal advice from this web site. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

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