If you have violated your immigration status, you may need to apply for reinstatement or re-enter the country to regain your status. You can also discuss various other legal options with an immigration attorney in Dallas, such as adjusting your status or taking advantage of grace periods. The options are numerous, but swift action is always critical. Although online research can help, you should meet with a lawyer sooner rather than later and make a decision about how you would like to proceed.
How to Handle Your Status Violation if You Have Overstayed Your Visa
Immigration status violations can take many forms, but overstaying your visa is one of the most common examples. If you came to the United States on a student visa, a visitor visa, or a temporary work visa, your status has an “expiry date.” The immigration authorities expect you to depart from the country when this date arrives. If you overstay your visa, you could be subject to detention and deportation. That being said, the true “expiry date” of a visa can be misleading. Consider asking a lawyer to examine your visa if you’re not sure whether you are currently overstaying.
You may be tempted to leave the country voluntarily. Perhaps you believe that if you leave, you can simply re-enter the country and “reset the clock.” However, you should always consult with a lawyer before taking this step. Voluntary departure could trigger a re-entry ban of three to ten years, depending on how long you overstayed. It generally makes more sense to remain in the country and work with a lawyer to fix the status violation. Departure should be your last resort if you’re serious about living and working in the United States.
If you have overstayed your visa by only a few days or weeks, you may be able to apply for an extension or adjust your status. Depending on your situation, authorities may be relatively lenient in this situation while allowing you to remain in the United States. If your visa has expired for only a few days, it is imperative that you start this process immediately. The longer you delay, the lower the chances of leniency from immigration authorities.
Another option is to use your family connections to your advantage. If you have an immediate relative who is a full US citizen, you may be able to adjust your status to a green card even if you are currently overstaying your visa. Immediate relatives include parents and minor children.
Another “family member” who might be able to help is your spouse. As long as your spouse is a full US citizen, overstaying your visa shouldn’t be too much of an issue. However, you need to file for an adjustment of status immediately and pursue a spousal visa. You could also potentially obtain a green card if you plan to marry your partner in the future. As long as your partner is a full citizen, you may pursue a fiancé visa.
How to Handle Your Status Violation if You Worked Without Permission
Many visa types prohibit you from working while in the United States. A tourist visa is a prime example, and you are not allowed to earn any income from US-based sources while traveling the country for pleasure. If you entered the country as the spouse of someone on a student visa, you may also be barred from earning income in the country. Those on student visas may be able to work in limited capacities, especially if their employment is based out of their college campus. If your visa does not specifically state that you are allowed to work, you could violate your status by earning even a single dollar.
Unauthorized employment is a serious status violation. Under normal circumstances, those who commit these violations are barred from adjusting their status. However, there are a few notable exceptions. If you have an immediate relative (including a spouse) who is a full US citizen, you may be able to successfully adjust your status despite the fact that you worked without permission.
You may also be eligible to adjust your status if you can establish that you were forced to work by some kind of criminal. For example, someone might have confiscated your passport before forcing you to work long hours in the agricultural industry. Perhaps you were the victim of human trafficking, and you were forced to work at a massage parlor. Whatever the case may be, victims of abuse and certain crimes can adjust their status in these situations, provided they cooperate with law enforcement.
As soon as you become aware that you are violating your status by working without permission, cease your employment activities immediately. The more work hours you accumulate, the harder it will be to adjust your status and remain in the country.
Handling More Obscure Violations of Status
There are many different types of visas, each with specific conditions. As a result, a person may violate their visa by making all kinds of simple mistakes. A tourist might mistakenly enroll in a full-time university program or seek specialized healthcare. While at college, you may fail to take enough courses during a semester, thereby falling below “full-time student” status.
If you have violated your status because of an obscure mistake, you should discuss the specifics with an experienced immigration lawyer. You may discover that handling this situation is easier than you expected.
Can an Immigration Lawyer in Dallas Help With Immigration Status Violations?
A consultation with an immigration lawyer in Dallas is a positive first step if you have violated your immigration status. Although online research can provide basic information about how status violations work, a conversation with an actual lawyer may offer greater peace of mind. During this conversation, you can discuss a course of action that matches your unique circumstances. Many of the lawyers at Presti Law Firm, PLLC have been helping immigrants navigate legal issues for decades. Contact us at (214) 831-8078 or visit us online to get started with an action plan.