tourist visa after expired green card

Green Card Expired: What Happens & What to Do Next

• By Immigration Direct
• August 4, 2022
• Immigration Articles

Table of Contents

As a permanent resident of the United States, a green card is a beneficial and legally required document. Many people who obtain green cards may think that once they have the document they are set for extended periods. However, green cards do expire, and overstaying can bring serious consequences when they do.

The green card renewal process can take a few months to complete, but it is highly worth being on top of the expiration date. This article will delve into green card renewal and what happens if you have an expired green card.

What Is a Green Card?

A green card allows individuals to reside in the United States and earn a living legally. A green card gives immigrants the chance to receive many of the benefits a citizen of the country does; however, green card holders are ultimately not considered citizens. This card offers proof that permanent resident status has been obtained.

Generally, there are several ways in which an individual can become a green card holder. These various ways include:

• Consular processing: This process is one of the few ways to obtain a green card. However, consular processing is only available for those applying for green cards outside the United States . All the paperwork, fees, and interviews will be completed in a consular office in the individual’s respective country.
• Adjustment of status: Similar to the process above, adjustment of status can be completed for those already living in the United States. The green card application can be completed while in the U.S. and doesn’t require you to leave the country and re-enter.
• Filing as a spouse to a U.S. citizen: In most cases, marrying a country citizen will allow you to apply for a green card. However, this marriage must be legitimate, and the green card process will require money, time, and countless pieces of evidence to grant you a green card.
• Studying in the United States: For students that are attending universities, student visas are an option. If you graduate and wish to stay in the country and work, you can carry out the process and apply for a green card. This process is tricky and lengthy, but if completed, it will bring about many benefits.

Obtaining a green card as an immigrant isn’t a walk in the park. Some countless forms and documents must be completed and submitted in order to carry out the process. However, before beginning the application process, one must check eligibility.

Some of the ways you can determine eligibility can be thorough:

• Family ties
• Special immigrant visas
• Refugee status

What Happens When My Green Card Expires?

If you find yourself asking the question, do green cards expire, the answer is simple. Yes, green cards can expire. But when do green cards expire? Typically, your green card will last for a total of 10 years before needing to be renewed.

If your green card expires and you don’t realize it, you can get an expired green card extension. This is a good extension to get, especially if your green card expires and you need to travel. You can simply get a green card expiration date extension and file for green card renewal .

You should begin the green renewal process a year before your green card expires. This way, you will be able to ensure a speedy renewal with the least amount of legal repercussions or issues.

Significant Problems You Can Face With an Expired Green Card

Although there are no penalties or fines associated with expired green cards, there are problems that one can face. When you have an expired green card, you will encounter issues with:

• Renewing a driver’s license: In various states, you must show proof of residency to obtain a driver’s license. You won’t be able to drive legally without a valid green card.
• Traveling outside the country and re-entering the county: This is the biggest problem many will face with an expired green card. In many cases, you will not be able to board a flight back into the U.S.; if you do, you could be denied re-entry at the border.
• Acquiring property: If you wish to purchase a home or obtain property, you will be denied due to the inability to show permanent residence.
• Seeking employment: You will also face issues with legally working in the U.S. because an I-9 form is required by all employers when hiring new employees. Ultimately, showing legal residence without a valid green card can be an issue. The only way apart from green card renewal could be by acquiring an I-155 stamp showing that you have an additional year of the validity of your green card.

How to Renew an Expired Green Card

If you have an expired green card, you may be wondering what to do. The green card renewal process is incredibly straightforward. You can follow the steps below:

• Complete the green card renewal application: This application can be completed online or in person and mailed to USCIS. The form needed for this application is Form I-90 .
• Submitting supporting documents: generally, you will need only to provide proof of your expired, or soon-to-expire, green card.
• Paying the necessary fees: The typical cost to renew your green card totals around $540. This includes the biometrics fee, which on its own costs $85.
• Submitting the application and waiting for an updated green card: After submitting your renewal application, you will receive a new green card with another ten-year validity period.

What Next After Submitting a Request to Renew My Green Card?

Upon submitting your request, you will either be approved or denied. If your green card renewal is approved, you will receive your updated green card shortly after filing. As stated above, your updated green card will last another ten years before needing to be renewed.

If your green card renewal was denied , there are a few options available. When receiving your denial, you will also receive a letter explaining why it was dismissed. From here, you can take legal action. Two ways in which you can do so include:

• Submitting a motion: In this instance, you can submit a motion to USCIS, asking them to reconsider their decision. You will need to add any new information that can change the outcome of the case.
• Going to court: Depending on the complexity of your case, you may need to seek legal assistance. Your lawyer will then be able to assist you with your case.

The appeal process can take around 45 days. USCIS will either grant your request and approve your green card or turn your case over to the Administrative Appeals Office (AAO) . If this is the outcome, a further review can take up to six months.

What Is a Green Card Extension?

A green card extension is obtained by filing Form I-797 and can extend your green card up to 12 months from its original expiration date. This form is known as a green card extension form. However, it’s important to note that a green card extension is only a sticker that is obtained to extend the expiration date for a short amount of time.

If you wish to renew your green card, you must follow the above process.

FAQs on Expired Green Card

Learn more about green card expirations, renewals, deportation, and what you can do to help your case with answers to these frequently asked questions.

1. My Green Card Expired, and I Need to Travel—What Can I Do?

The question of whether or not you can travel with an expired green card is a common one. If your green card has expired, you can, in fact, travel. However, you will face difficulty re-entering the United States.

Traveling with an expired green card is considered to be risky. Some airlines won’t allow you to board a flight back into the country with an expired green card. In order to re-enter, you will need to provide proof of lawful permanent residence, which won’t include your expired green card.

In many cases, this will elongate your re-entry and require you to pay high fines. However, it’s also a possibility that customs won’t let you re-enter the country with an expired green card. On the other hand, if you are wondering if you can travel with an expired green card and extension letter, the answer is yes.

You can obtain a 24-month extension for your green card. Therefore, if this is presented while traveling in and out of the United States, you won’t struggle to re-enter the country.

2. Am I Able to Work With an Expired Green Card?

If you are wondering if you can still work with an expired green card, it’s a tricky answer. You will have trouble finding work and applying for jobs with an expired green card simply because your green card is necessary for legally working in the U.S.

When you obtain a job, your employer will need to file an I-9 form. This form is used to verify the employee’s identity and ability to work legally in the United States. However, in some cases, you are able to use your foreign passport to get a job, but only if you have a valid I-551 stamp.

This stamp can be obtained from USCIS, but appointments for this stamp can take weeks. Additionally, after getting this stamp, it is only valid for a year. It’s recommended that you renew your green card before the expiration date of the stamp.

3. What Happens if My Green Card Expired a Few Years Ago?

If your green card expires, you will simply need to renew it as soon as possible. Luckily, USCIS doesn’t impose high fines or penalties. For instance, If your green card expired five years ago, you are still able to renew it. This must be done before leaving the country because, as previously mentioned above, problems can arise upon re-entry.

4. Can You Be Deported Because of an Expired Green Card?

No, you will not be deported due to an expired green card. Technically, because your permanent residence status isn’t linked directly to your green card, you won’t be deported if your green card expires. The only way to lose your residence status in the United States is if you leave and abandon your permanent residence.

5. My Green Card Doesn’t Have an Expiration Date—What Does This Mean?

Green cards don’t always contain an expiration date. However, in all cases, your green card will last for a total of 10 years. If you have been granted a  conditional green card , this will last for only two years.

Don’t Wait Any Longer. Get Your Green Card Renewed Today!

Renewing a green card is easy. But we understand that sometimes, the unexpected can happen, leaving you with questions. Luckily, ImmigrationDirect is here to help with anything you may need. Don’t let the fear of the process keep you from renewing your green card on time.

Contact us today if you have any further questions or wish to utilize our modern immigration software. No matter the situation, we will do our best to assist you and make the green card renewal process as seamless as it can be.

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Home » Blog » Applying for a Green Card After a Visa Overstay

Applying for a Green Card After a Visa Overstay

April 27, 2021 Apply for Green Card

The questions vary from, “Can I apply for a green card after a visa overstay?” to “What happens if my visa expires and I marry a U.S. citizen?” The people asking these questions are concerned with obtaining a legal status in the United States despite a period of unlawful presence.

It is possible for certain people to obtain a green card after a visa overstay. However, several conditions must be true. Other individuals can create long-term immigration problems by applying for immigration benefits after a visa overstay.

In order to explain who is eligible to apply for a green card after an overstay, it’s essential to get a picture of the entire landscape.

Visa Overstay Explained

First, it’s important to define visa overstay because it isn’t as obvious as many think.

Two Ways to Fall Out of Status

When a foreign national remains in the United States longer than the period of authorized stay, it’s called “overstaying” a visa. An overstay includes a non-immigrant visa holder who was lawfully admitted to the United States for an authorized period but stayed in the United States beyond his or her authorized admission period.

However, the U.S. government will also consider non-immigrants admitted for “duration of status” who fail to maintain their status to be overstays. “Duration of status” is a term used for foreign nationals who are admitted for the duration of a specific program or activity, which may be variable, instead of for a set timeframe. The authorized admission period ends when the foreign national accomplishes the purpose for which they were admitted, or is no longer engaged in authorized activities pertaining to that purpose. For example, a foreign student who enters the U.S. for a program that runs for four years must leave when the program is completed, or go on to pursue another program of study.

Refer to Your I-94, Not Visa Expiration

However, don’t refer to your visa for this information. A non-immigrant visa may be valid for several years. However, the visa does not govern the length of your authorized stay in the U.S. — it merely allows you to enter the United States during that time period. Instead, your Form I-94 Arrival/Departure Record governs your authorized stay in the United States. The “admit until date” on your I-94 record is the last day you are permitted to remain in the U.S., and it may not be valid for as long as the visa is valid. You must depart the U.S. by the date on the Form I-94, or you will have overstayed the visa.

How to Find an Electronic I-94 Record

U.S. Customs and Border Protection (CBP) issues an I-94 Arrival/Departure Record when a foreign traveler enters the United States. If you traveled by air or sea, you can obtain your I-94 online. Lookup your I-94 on the I-94 website . However, if you entered through a land border port of entry, CBP likely provided you a paper I-94.

3- and 10-Year Bars to Reentry

It’s also helpful to understand the three- and ten-year bars. In 1996, Congress passed a law that bars certain individuals who have accumulated a period of “unlawful presence” in the U.S. from becoming U.S. permanent residents. Unlawful presence includes any time spent in the United States by a foreign national:

• Who entered the U.S. without inspection and admission or parole; or
• Whose lawful immigration status expired or was rescinded, revoked, or otherwise terminated.

Thus, any time spent in the U.S. beyond what is authorized on an I-94 record (visa overstay) is a period of unlawful presence. The period of unlawful presence begins on the day the status expires. But these “bars” are only triggered once the individual leaves the United States. The three- and ten-year bars break down like this:

• Persons who have accumulated 180 days or more of unlawful presence, and have then left the country, cannot return to the United States for 3 years.
• Persons who have accumulated one year or more of unlawful presence, and have then left the country, cannot return to the United States for 10 years.

It is possible in certain circumstances to obtain a waiver for a bar to reentry. However, there’s a high standard to prove that the U.S. citizen’s spouse would suffer “extreme hardship” if not granted the waiver. We highly recommend using an experienced immigration attorney to request this waiver. Needless to say, this gets expensive. There is another solution for immediate relatives of U.S. citizens who have not yet departed the United States.

Visa Overstay Forgiveness: Special Provisions for Immediate Relatives

Adjustment of status is the process that a non-immigrant visitor (e.g. student, tourist, etc.) uses to change status to a permanent resident from inside the United States. In other words, adjusting status is the process of applying for a green card inside the U.S. Generally, adjustment is available to foreign nationals who have a lawful entry and have an immigrant visa immediately available to them.

However, a foreign national is typically barred from adjustment of status if the applicant is in an unlawful immigration status on the date of filing the adjustment application. But a provision in the law exempts the immediate relatives of U.S. citizens from the visa overstay. The immediate relative category includes the spouse, parents, and unmarried children (under age 21) of U.S. citizens. Therefore, the law provides some “visa overstay forgiveness” for immediate relatives.

Remember, it is necessary for the immediate relative to have a lawful entry to the United States to be eligible for adjustment of status. Entering the U.S. with a valid visa counts as a lawful entry, even if that visa has since expired. However, someone who has entered without inspection (snuck across a border) is not eligible. So not anyone can adjust status – the applicant must have a lawful entry to submit the green card application.

RECOMMENDED: Getting a Green Card through Marriage to a U.S. Citizen

Application to Adjust Status After an Overstay

By returning to the home country to undergo consular processing for a green card, intending immigrants with a significant period of unlawful presence will trigger a bar to reentry. In the best cases, this will be an expensive and time-consuming process that requires to assistance of a lawyer. In the worst cases, the result could be catastrophic to the immigration process.

But immediate relatives of U.S. citizens that are presently inside the United States through lawful entry may be eligible to adjust status to permanent resident (green card holder). By filing the Form I-485, Application to Adjust Status, and other required forms in a single package, intending immigrants give U.S. Citizenship and Immigration Services (USCIS) everything necessary to process the case and make a decision as soon as possible. The typical family-based adjustment of status package includes the following forms:

• I-130, Petition for Alien Relative
• I-130A, Supplemental Information for Spouse Beneficiary (if beneficiary is a spouse)
• I-485, Application to Register Permanent Residence or Adjust Status
• I-864, Affidavit of Support
• I-693, Report of Medical Examination and Vaccination Record
• I-765, Application for Employment Authorization (optional)
• I-131, Application for Travel Document (optional)

A complete adjustment of status application package will also include several supporting documents as required by each USCIS form. CitizenPath’s affordable software will help you easily prepare the application package. In addition to your prepared forms, CitizenPath provides you with a set of personalized filing instructions that are customized to your specific situation. The filing instructions provide detailed directions on supporting documents, how to organize your application, and where to mail it. See the typical fees for an adjustment of status application .

USCIS vigilantly reviews cases for any type of immigration fraud. Remember that virtually every U.S. non-immigrant visa is temporary in nature and has a specific purpose. When you do things outside the scope of that visa, there is the potential for violating the terms of the visa and even being accused of fraud. There are two types of fraud typically associated with obtaining a green card through marriage.

Misrepresenting the reasons for requiring a particular type visa of visa is a form of visa fraud. So if you visit the U.S. on a tourist visa (B-2) with the secret intention of getting married, you will have committed visa fraud. Your “intent” is the central focus here. A B-2 visa is specifically for people who intend to stay temporarily and then return home. Someone who plans to marry and then remain in the United States is violating the terms of the visa. Visa fraud can result in losing the right to obtain a green card.

Marriage Fraud

Marriage fraud is when at least one of the parties of a marriage entered into the marriage for the purpose of circumventing immigration laws to falsely acquire immigration benefits. In other words, getting married for the primary purpose of obtaining a green card is a clear case of fraud. Marriage fraud results in steep penalties, including jail time and fines. What’s more, fraud makes it exceedingly difficult to obtain a future green card application approval. There is a burden of proof on the couple to prove that the marriage is bona fide on the I-130 petition. So don’t think that you can easily trick the system.

RECOMMENDED: Best Evidence of Bona Fide Marriage to Support a Spousal I-130 Petition

Visa Overstay Examples

Overstay of a family-preference immigrant (poor outcome).

Jaime, a citizen of Columbia, arrived in the United States on a B-2 to visit friends. During his visit, he met and began dating a permanent resident. Jaime decided to stay in the U.S. even after the visa expired. The couple eventually got married and looked into permanent resident status for Jaime. Unfortunately, Jaime is not eligible to adjust status. His wife is a green card holder, not a U.S. citizen. Therefore, he is in a family preference category. He cannot file Form I-485 after his visa overstay. Jaime is in a difficult situation. If he leaves the United States, he will be barred from reentry for 10 years. If he stays without legal help, he is undocumented. Jaime should have returned to Columbia before the visa expired. His permanent resident spouse could then petition him, and Jaime could have obtained a green card through consular processing.

Departure after Expired F-1 (Poor outcome)

Kenji, a Japanese citizen, has been studying in the United States on an F-1 student visa. During the course of his stay, he met a U.S. citizen. The couple decides to marry and settle in the U.S. Innocently, the couple doesn’t realize that marriage doesn’t automatically provide a lawful immigration status. Kenji has overstayed his F-1 visa by 200 days before he realizes that he’s unlawfully present in the U.S. He decides to quickly return to Japan and apply for a green card there. However, the departure triggers a three-year bar. Without the assistance of an attorney and a waiver, he won’t be able to obtain a green card and return to his spouse in the United States. Had he used the adjustment of status process to obtain a green card, he could have avoided the expensive and lengthy trip to Japan.

K-1 Fiancé (Positive outcome)

Heidi, a British citizen, enters the United States on a K-1 (fiancé visa) sponsored by her U.S. citizen fiancé. The couple ultimately decides that they do not want to get married, but Heidi remains in the U.S. Heidi eventually meets another U.S. citizen and marries a year later. She has been out of status and hopes to adjust status to permanent resident based on her new relationship. Although Heidi is out of status, she is able to apply for a green card because her husband is a U.S. citizen. They will need to file an I-130 petition to establish this qualifying relationship.

Adjustment of Status (Positive outcome)

Karun, a citizen of India, came to the U.S. on a work visa. She met a U.S. citizen and began dating. Unfortunately, her employer lays her off. But she didn’t return to India because her relationship had gotten very serious. The couple marries a year after her immigration status terminated. Now, she is unlawfully present and married to a U.S. citizen. By filing an adjustment of status application, Karun can become a permanent resident without leaving the United States and without the need for a complicated waiver.

Cautionary Notes

Although the spouse of a U.S. citizen (or other immediate relatives) may adjust status to permanent resident after a visa overstay, that does not protect the immigrant from enforcement during the period of unlawful presence. In other words, the immigrant is still vulnerable to deportation from the moment he or she falls out of status up until becoming an adjustment of status applicant. Therefore, it is important to file an adjustment of status as soon as reasonably possible.

The discussion above also assumes that the intending immigrant does not have criminal offenses or immigration violations that otherwise make the person inadmissible for permanent residence. Anyone with these serious complications should consult with an immigration attorney .

RECOMMENDED: Grounds of Inadmissibility for Permanent Residence

Not Eligible for Adjustment of Status

As discussed above, immediate relatives may generally adjust status after visa overstays. Persons in the family preference category who have overstayed are in a more difficult position. Generally, they may not adjust status due to this violation. But if they depart the United States, they may also be barred from reentry due to the 3-year and 10-year bars. Certain individuals in the family preference category may qualify for a provisional stateside waiver obtained through Form I-601A.

RECOMMENDED: Determining if You Need the I-601A Waiver for Unlawful Presence

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Adjustment of Status Application (Form I-485) , Petition for Alien Relative (Form I-130) , Citizenship Application (Form N-400) , and several other commonly used immigration forms .

Note to Reader: This post was originally published on April 4, 2017, and has been modified with improvements.

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An expired green card could ruin your vacation. Here's what you need to know

Traveling with an expired green card is always a bad idea, and Sheilla Bergara just found that out for herself the hard way.

Earlier, Bergara and her husband's plans for a tropical vacation ended abruptly at the United Airlines check-in counter. That's where an airline representative informed Bergara that she could not enter Mexico from the U.S. with her expired green card. As a result, United Airlines refused to allow the couple to board their flight to Cancun.

Sheilla's husband, Paul, says the airline made a mistake denying the couple boarding and ruined their vacation plans. He maintains that his wife's green card extension allows her to travel internationally. But United Airlines disagrees and considers the matter closed.

Paul wants United Airlines to reopen his complaint and admit to making an error that cost him $3,000 to fix.

He believes the fact that the couple flew to Mexico the next day on Spirit Airlines with the same expired green card proves his case. But does it?

That's what TPG wants to find out for our readers and this couple.

Planning an international getaway — with some green card complications

Last spring, Paul and his wife accepted an invitation to a July wedding in Mexico. Sheilla, a conditional permanent resident of the United States, had one problem, however: Her green card had just expired.

Although she had applied for her new permanent residency card within the required time frame, the approval process takes up to 12-18 months. She knew that there was no way that her replacement green card would arrive in time for the trip.

Paul, an experienced traveler, did some research, reading through the guidance on the Mexican Consulate's website. Based on that information, he determined that Sheilla's expired green card wouldn't prevent her from traveling to Cancun .

"While we're waiting for my wife's new green card, she was granted an I-797. This document extends the conditional green card for an additional two years," Paul explained to me. "So we didn't anticipate any problems traveling to Mexico."

Feeling confident that all was in order, the couple used Expedia to book their nonstop flight from Chicago to Cancun and looked forward to the Mexican getaway . They didn't give the expired green card another thought.

Until the day they were set to leave for their tropical trip, that is. That's when it became clear that traveling internationally with an expired green card was a bad idea.

United Airlines: You can't enter Mexico with an expired green card

On the day they expected to be sipping pina coladas on a Caribbean beach by lunchtime, the couple arrived early at the airport. Stepping up to the United Airlines counter, they handed over all of their documents and waited patiently to receive their boarding passes. Not expecting any problems, the two made small talk while the United agent typed away at her keyboard.

When the boarding passes did not materialize after some time, the couple began to wonder what was causing the delay.

The somber-looking agent looked up from her computer screen and gave the two the bad news: Sheilla could not travel to Mexico with an expired green card. Nor would her valid passport from the Philippines allow her to clear immigration in Cancun . To be allowed on the flight, she needed a Mexican visa, the United Airlines agent told them.

Paul tried to reason with the representative, explaining that the I-797 made the green card still valid.

"She told me no. Then the agent showed us an internal document that said United Airlines had been fined for flying I-797 extension holders to Mexico," Paul told me. "She told us this wasn't an airline policy but a Mexican government policy."

Paul says he was confident the agent was wrong, but he realized arguing further was serving no purpose. When the representative recommended that Paul and Sheilla cancel their flight so that they could receive a United Airlines future flight credit , he agreed.

The bewildered couple gathered their luggage and headed back to their car.

"I figured I would correct this problem with United Airlines later," Paul told me. "First, I needed to find a way to get us to Mexico for the wedding."

And that's exactly what he did.

Will Spirit Airlines take this couple to Mexico?

Soon Paul received a notification that United Airlines had canceled their reservation and given them $1,147 in future flight credits for the missed flight to Cancun. But the couple had booked their itinerary using Expedia , which built the trip as two one-way, unrelated tickets. As a result, the return flight on Frontier was not refundable. That airline charged the couple $458 to cancel and also issued a $1,146 future flight credit. Expedia also charged the couple a $99 cancellation fee.

Paul then turned his sights to Spirit Airlines , which he hoped would not raise a similar issue as United.

"I booked a flight on Spirit Airlines for the next day so we wouldn't miss our entire trip. That last-minute ticket cost over $2,000," said Paul. "It was an expensive way to correct United Airlines' mistake, but I had no other choice."

The next day, the couple walked up to the Spirit Airlines check-in counter with the same documents as the day before. Paul was certain that Sheilla had everything she needed to travel to Mexico successfully.

This time, things went very differently. They handed their documents to the Spirit Airlines agent, and without delay, the couple had their boarding passes.

Within hours, Mexican immigration officers stamped Sheilla's passport, and soon the couple was finally enjoying those beachside cocktails. The Bergaras had an uneventful and enjoyable (and vindicating, according to Paul) trip once they finally reached Mexico.

Warning others about this green card fiasco

When the couple returned home from their vacation, Paul was determined to make sure this type of fiasco wouldn't happen to any other green card holder.

After sending his complaint to United Airlines and receiving no acknowledgment that it had made an error, Paul sent his story to [email protected] and asked for help. Soon, his troubling tale landed in my inbox.

An excerpt from Paul's letter to TPG:

I wanted to share this to make sure it doesn't happen to other passengers and make United update its policy regarding this.

Mexico does accept expired Green Cards with I-797 extension letters, and United Airlines should not deny passengers boarding. Our vacation was ruined, but we tried to make the best of it at a cost.

When I read through Paul's narrative about what had happened to the couple, I felt terrible about their experience.

However, I also suspected that United Airlines had not made a mistake in refusing to allow Sheilla to travel to Mexico with her expired green card.

I've handled thousands of consumer complaints over the years. A significant portion of those cases involve travelers who get tripped up by the transit and entry requirements of foreign destinations. This has never been more true than during the pandemic. In fact, highly competent, experienced international travelers have had vacations ruined by the confusing, quickly changing travel restrictions caused by the coronavirus .

However, the pandemic was not the cause of Paul and Sheilla's situation. This vacation debacle resulted from a misunderstanding of the complicated rules of travel for a permanent resident of the United States.

I reviewed the current information provided by the Mexican Consulate and doubled-checked what I believed to be the case.

There was bad news for Paul: Mexico does not accept the I-797 as a valid document for travel. Sheilla was traveling with an invalid green card, a passport from the Philippines and no visa.

United Airlines had made the correct decision by rejecting her boarding of the flight bound for Mexico.

US green card holders should not attempt to travel internationally

Green card holders should never rely on an I-797 document to provide proof of U.S. residency in a foreign country. That form is for U.S. immigration officers and will allow a green card holder to return home. But no other government is obligated to accept the I-797 extension as proof of U.S. residency – and they likely will not.

In fact, the Mexican Consulate indicates explicitly that the I-797 with an expired green card is not acceptable for entry and that the permanent resident's passport and green card must be unexpired:

If you are a Permanent Resident of ... the United States ... you do not need a visa to enter Mexico for tourism, business or transit purposes. All individuals in this category are required to present their valid and unexpired Resident Card along with their passports. Both documents must be valid during your entire stay in Mexico.

I shared this information with Paul, pointing out that United Airlines risked being fined if they had allowed Sheilla to board the plane and she had been rejected for entry. He reviewed the blurb from the consulate but reminded me that Spirit Airlines hadn't found Sheilla's documents problematic – nor had the immigration officers in Cancun.

While that was true, it doesn't prove that United Airlines was wrong.

Immigration officers have some flexibility when deciding whether to allow a visitor entry. Sheilla could have just as easily been rejected, detained and returned to the United States on the next available flight. (I have reported many cases in which a traveler's insufficient entry documents ended with a trip to a holding cell and a rapid return back to where they started. It's quite an unpleasant experience.)

As Paul wasn't entirely convinced, I contacted the U.S. Consulate in Cancun for clarity.

Soon I had the definitive answer that Paul was looking for — and one that he wants to share with others so they don't end up in the same situation.

Visitors must have a valid passport and valid green card

The consulate in Cancun confirmed that: "In general, a U.S. resident who travels into the country of Mexico must have a valid passport (country of origin) and valid U.S. visa LPR Green Card."

Sheilla could have applied for a Mexican visa — which typically takes 10-14 days to approve — and likely could have traveled without incident. But the expired green card with the I-797 was not something that United Airlines was required to accept.

For his own peace of mind, I recommended that Paul use the International Air Transport Association's free personalized passport, visa and health checker to see what it said about Sheilla's ability to travel to Mexico without a visa.

The professional version of this tool (Timatic) is what many airlines use at check-in to be sure their passengers have the paperwork needed to board their flights. However, travelers can and should use the free version long before they head to the airport to ensure they aren't missing any critical documents necessary for their journey.

When Paul added all of Sheilla's personalized data, Timatic had the answer that would have been helpful to the couple months ago – and would have saved them nearly $3,000: Sheilla needed a visa to travel to Mexico.

She was fortunate that the immigration officer in Cancun allowed her entry without problems. As I know from many cases I've covered, being denied boarding for a flight to a destination is pretty deflating. Getting detained overnight and deported back to your home country with no refund and no vacation included is much worse, however.

In the end, Paul is happy with the clarity the couple has received since Sheilla will likely be holding that expired green card for the near future. As with all government processes during the pandemic, applicants waiting for renewed documents should expect delays.

But now the couple is clear — should they decide to travel internationally again during their wait, Sheilla will be sure not to rely on that I-797 as her travel document.

What you need to know about traveling internationally with a green card

Holding an expired green card will always make navigating the world more difficult. Travelers who attempt to fly internationally with an expired green card may encounter challenges on both the outbound and inbound portion of their journey.

An expired green card is not proof of permanent residency

A valid green card is one that is not expired. The holder of an expired green card doesn't automatically lose their permanent residency status, but it's quite precarious to attempt international travel with the document in that state.

Not only is an expired green card not a valid document to enter most foreign countries, but it is also not a valid document to reenter the United States. Green card holders should keep that in mind as they're nearing their card's expiration.

Should the card expire while the holder is abroad, they may encounter difficulties boarding their return flight or at immigration. It's always best to apply for renewal well before the expiration date. Permanent residents may begin the renewal process up to six months before the actual expiration date of the card. (Note: Conditional permanent residents can't start the process until 90 days before their green card expires.)

Keep your passport current

While traveling abroad, green card holders must also present a valid passport from their country of origin (or refugee papers). So keeping that passport current is also critical.

A passenger attempting to travel internationally with an expired green card may be able to use their valid passport as a stand-alone entry document depending on the destination. Unfortunately for Sheilla, her passport is from the Philippines, and Mexico requires a visa for those passport holders as well.

Check with the US State Department and Consulate

The U.S. State Department provides destination information — including entry requirements and consulate contact details for nearly every country worldwide. This is an excellent resource for all travelers, especially those with complicated citizenship. The consulate of your intended destination can answer your questions and confirm whether you'll need additional documents for entry — long before you show up at the check-in counter.

Use Timatic

Another fantastic resource for international travelers is the IATA's personalized passport, visa and health checker. The professional version of this tool, called Timatic , is what most airlines use to determine if a passenger has the required documentation for travel.

This is a highly reliable indicator of whether or not you have what you'll need to board your flight and pass through immigration at your destination. In fact, during the pandemic, this database was updated many times each day to keep up with the ever-changing entry requirements around the world. If you use this tool correctly, you will significantly reduce the chances of any kind of documentation problems at the airport or upon landing at your transit or final destination.

Don't rely on paper extensions to travel

Always remember that extension papers issued by the United States for green card holders are primarily so that the resident can reenter the country. No immigration officers abroad are required to accept that paper extension. Even if an airline will allow a passenger to fly to a foreign land with an expired green card and extension, it's not a good idea. That traveler is risking being detained and returned home on the next flight with no refund, and no vacation included — a true travel nightmare.

The bottom line

Navigating the globe with a complicated citizenship is hard. Make sure to do your due diligence before your next adventure, and you will greatly reduce any chance that you'll find yourself rejected at the check-in counter.

If you do encounter a problem on your next adventure and you can't solve the problem on your own, send your request for help to [email protected] , and I will be happy to investigate your complaint, too.

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• Tourist Visas

Green Card expired, want to visit US

By americanscholar August 8, 2021 in Tourist Visas

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11 posts in this topic

Recommended posts, americanscholar   0.

Hello all, 

My apologies if this isn't the correct forum, I'm getting desperate for some information. 

If anyone can shed light, my wife's Green Card expired January 2021 and we want to visit the US this December.

She got the green card through our marriage, we lived in the US for 8 years.  She is from the Czech Republic where we now live with our two (US born) kids. We have been paying our taxes since we moved here in 2017.

  How worried should we be for CBP to grant entry?

Shall she present her expired Green Card or apply for a travel visa with the US embassy?

Any guidance is appreciated. 

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We have been living in the Czech Republic since 2017. We do not have any immediate intention of returning to the US.

We intend to raise our US born kids in the Czech Republic. 

However, we would like to visit the US this December (visit my family for Christmas). I am US born. We have been paying our taxes. And we have a US bank account. 

How worried should we be for CBP to grant entry?

Shall she present her expired Green Card or apply for a non-immigrant tourist visa with the US embassy?

JeanneAdil   6,168

apply for the tourist visa as she gave up her LPR when staying away this long

TBoneTX   42,975

At the visa interview, you might have to convince the consulate of your ties to the Czech Republic, meaning your plans to return there.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC , 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

P0907   127

Apply for non-immigrant tourist visa and prepare to show evidence that you don't intent to stay such as job contracts, lease agreement etc

29 Apr 2020 : I-130 filed online

11 Dec 2020 : I-130 approved

17 Dec 2020 : NVC Received

25 Jan 2021 : Paid AOS and IV fees

14 Apr 2021 : Submitted I-864, I-864A and DS-260

14 Apr 2021 : Expedite request

04 May 2021 : Expedite approved, case sent to Consulate in Naples, Italy

US Consulate Naples, Italy

04 May 2021 : Consulate received

18 May 2021 : Requested expedited interview

20 May 2021 : Expedited interview approved and scheduled for 8th June

07 Jun 2021 : Medical at Istituto Varelli (Naples, Italy) - Very friendly staff, spoke English

08 Jun 2021 : Interview - APPROVED

09 Jun 2021 : Picked up passport with Visa in person from Consulate 

17 June 2021 : Entered New York (JFK) as Point of Entry

28 June 2021 : Received Social Security Number

10 July 2021 : Form I-551 (Green Card) marked as in production

15 July 2021 : Form I-551 (Green Card) received in the post

Ayrton   965

7 hours ago, americanscholar said: Hello all,    My apologies if this isn't the correct forum, I'm getting desperate for some information.    If anyone can shed light, my wife's Green Card expired January 2021 and we want to visit the US this December. She got the green card through our marriage, we lived in the US for 8 years.  She is from the Czech Republic where we now live with our two (US born) kids. We have been paying our taxes since we moved here in 2017.   How worried should we be for CBP to grant entry? Shall she present her expired Green Card or apply for a travel visa with the US embassy? Any guidance is appreciated. 

A green card is to live in the US not outside. Living out of the US for 4 years will be seeing as she gave up her status. So if she wants to visit the US she will have to apply for a tourist visa or if she wants to move back to us, you will have to start the spouse visa application all over again. If she had applied for citizenship after 3 years of being a LPR, she would have no trouble to come back to the US.

And on top of that, no airline will let her board with an expired green card.

SusieQQQ   11,584

On 8/8/2021 at 11:51 AM, americanscholar said: Hello all,    My apologies if this isn't the correct forum, I'm getting desperate for some information.    If anyone can shed light, my wife's Green Card expired January 2021 and we want to visit the US this December. She got the green card through our marriage, we lived in the US for 8 years.  She is from the Czech Republic where we now live with our two (US born) kids. We have been paying our taxes since we moved here in 2017.   How worried should we be for CBP to grant entry? Shall she present her expired Green Card or apply for a travel visa with the US embassy? Any guidance is appreciated. 

I’m assuming you have no plans to move back to the US, in which case the probable process should be for her to file an i407 https://www.uscis.gov/i-407  to formally surrender her green card, and then apply for esta which may or may not be granted (don’t apply until the i407 process is complete). If esta is not approved at that stage then try a tourist visa. 

• Chancy , Kai G. Llewellyn and millefleur

Penguin_ie   5,984

****** two threads about the same issue merged (please only post once on an issue), and moved to What Visa Do I Need forum ******

Bye: Penguin Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

millefleur   5,034

**Moved from What Visa Do I Need - Family Based Immigration to Tourist Visas; OP is asking about visiting the US not immigrating**

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019) 🌹

Info about my  DCF Moscow* experience  here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨   See guide here 21-Dec-2016: I-130 filed at Moscow USCIS field office* 29-Dec-2016: I-130 approved! Yay!  🎊  

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

Removal of Conditions - MSC Service Center

  28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview  ⌛

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail!  ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved!   🎉

22-Oct-2019: Card was mailed to me  📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail  📬

*I don't understand this status because we DID have an interview!

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021)   🛂

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻  

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail   ✉️  

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡  

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

SalishSea   16,712

Isn't Czech Republic a VWP country?  She could try obtaining an ESTA if so, and if it is rejected, go the B-2 route.

15 minutes ago, Jorgedig said: Isn't Czech Republic a VWP country?  She could try obtaining an ESTA if so, and if it is rejected, go the B-2 route.

That’s what I said….but she should surrender the green card first 

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Can I come to the U.S. with my tourist visa and apply for a green card when I get there?

Jul 7, 2021

Entering the United States on a temporary visa, such as a tourist or work visa, with the intention of doing either of the following is considered a “misrepresentation” of one’s purpose for coming to the United States:

– Marrying a U.S. citizen or green card holder to live permanently in the United States

– Applying for a marriage-based green card

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The U.S. government considers both of the above actions as unlawful, and they’re likely to result in serious consequences, such as being placed in removal proceedings (deportation) or having one’s visa revoked (invalidated).

IMPORTANT: Please note that Boundless does not help anyone who expresses explicit intent to violate the terms of their temporary visa in order to apply for a marriage-based green card.

The situation is different, however, for those who arrived in the United States on a temporary visa — fully intending to return to their home country before their visa expired — but whose plans unexpectedly and legitimately changed while visiting the United States. Under such circumstances, they also decided to stay in the United States and apply for a marriage-based green card .

It’s important for applicants in this situation to be aware of the “90-day rule.” Our detailed guide has more information about this rule.

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Exploring Options: How Can I Travel To The Us After My Visa Expires?

• Last updated Apr 13, 2024
• Difficulty Intemediate

• Category Travel

Are you a foreign individual who is currently in the United States on a temporary visa? Are you wondering what your options are for extending your stay once your visa expires? In this article, we will explore the different pathways available for continued travel and residence in the US, even after your visa has expired. Whether you are looking to pursue further education, work opportunities, or simply want to explore the country a little longer, we have got you covered with all the essential information you need. So sit back, relax, and let's delve into the exciting possibilities that await you!

What You'll Learn

Legal options for traveling to the us after visa expiration, alternative methods for traveling to the us after visa expiration, consequences and risks of traveling to the us after visa expiration, complying with us immigration laws.

Traveling to the United States is a dream for many people around the world. However, when your visa expires, it can put a damper on your plans. Fortunately, there are several legal options available for traveling to the US after your visa has expired. In this blog post, we will explore three common options: applying for a visa extension, requesting a visa waiver, and applying for a B-2 tourist visa.

Applying for a Visa Extension:

If you are already in the United States and your visa is about to expire, you may be eligible to apply for a visa extension. The process for a visa extension varies depending on the type of visa you have, so it is important to consult with an immigration attorney or visit the US Citizenship and Immigration Services (USCIS) website for specific instructions.

To apply for a visa extension, you will typically need to complete Form I-539, Application to Extend/Change Non-immigrant Status. This form requires you to provide details about your current visa, your reasons for needing an extension, and any supporting documentation.

It is crucial to apply for a visa extension before your current visa expires to avoid any complications or legal issues. Keep in mind that approval of a visa extension is not guaranteed, so it is important to have a backup plan in case your request is denied.

Requesting a Visa Waiver:

Another option available to travelers whose visa has expired is to request a visa waiver. The Visa Waiver Program (VWP) allows eligible travelers from certain countries to enter the United States for a specific period without a visa. Currently, there are 39 countries participating in the VWP.

To request a visa waiver, you will need to apply for an Electronic System for Travel Authorization (ESTA) through the official website. The ESTA is an automated system that determines the eligibility of visitors to travel to the US under the VWP.

It is important to note that even if you are approved for a visa waiver, there are specific limitations and requirements. For example, travelers under the VWP are not allowed to extend their stay beyond the initial authorized period. They must also meet certain criteria, such as having a round-trip ticket and not having a criminal record.

Applying for a B-2 Tourist Visa:

If you are unable to obtain a visa extension or qualify for a visa waiver, you may still have the option of applying for a B-2 tourist visa. The B-2 visa is a non-immigrant visa that allows individuals to visit the United States for tourism or medical treatment purposes.

To apply for a B-2 tourist visa, you will need to complete Form DS-160, Online Nonimmigrant Visa Application. This form requires you to provide personal information, details about your trip, and any supporting documentation, such as proof of financial support and a detailed travel itinerary.

Additionally, you will need to schedule an appointment at the nearest US embassy or consulate for an interview. During the interview, you will be asked questions about your trip, the purpose of your visit, and your ties to your home country.

It is important to note that obtaining a B-2 tourist visa is not guaranteed, and each application is evaluated on a case-by-case basis. It is essential to provide complete and accurate information and demonstrate strong ties to your home country to increase your chances of approval.

In conclusion, if your visa has expired and you still want to travel to the United States, there are several legal options available. These options include applying for a visa extension, requesting a visa waiver, or applying for a B-2 tourist visa. Remember to carefully review the specific requirements and instructions for each option to ensure a successful travel plan.

Exploring International Travel Options for H1B Visa Holders

You may want to see also

Many people dream of traveling to the United States to study, work, or seek a new life. However, once their visas expire, they may face challenges in continuing their stay legally. Fortunately, there are some alternative methods for traveling to the US even after a visa expiration, such as applying for a student visa, obtaining a work visa, or seeking asylum or refugee status. In this article, we will delve into these alternative options and provide detailed instructions on how to pursue them.

Applying for a Student Visa:

If you are passionate about studying in the US, applying for a student visa is a viable option to prolong your stay legally. Follow these steps to apply for a student visa:

Step 1: Research and choose a school: Start by researching and selecting a school or university in the US that offers the program you are interested in.

Step 2: Apply to the school: Once you have chosen the school, complete the application process, including submitting all necessary documents, such as transcripts, recommendation letters, and a statement of purpose.

Step 3: Receive acceptance letter: After reviewing your application, the school will send you an acceptance letter if you meet their admission criteria.

Step 4: Pay the SEVIS fee: The Student and Exchange Visitor Information System (SEVIS) fee is required before you can schedule your visa interview. Visit the SEVIS website and follow the instructions to pay the fee.

Step 5: Complete the DS-160 form: Fill out the DS-160 online form accurately and honestly. Save the confirmation page with the barcode, as you will need it for the interview.

Step 6: Schedule a visa interview: Visit the US embassy or consulate website in your country to schedule a visa interview. Some countries also require appointments for fingerprinting and photographing at a Visa Application Center.

Step 7: Attend the visa interview: On the scheduled date, bring all the necessary documents, including your passport, SEVIS fee receipt, DS-160 confirmation page, and acceptance letter to the interview. Answer the interviewer's questions honestly and confidently.

Step 8: Pay the visa fee: If your visa is approved, you will be required to pay the visa fee. Check the embassy's website or contact them to determine the accepted payment methods.

Step 9: Receive your student visa: Once the visa fee is paid, your passport will be returned to you with the student visa stamped on one of its pages. Congratulations, you are now ready to continue your education in the US!

Obtaining a Work Visa:

If you have the opportunity to secure employment in the US, obtaining a work visa is another alternative method to extend your stay legally. Here's how you can do it:

Step 1: Find a job offer: Search for job opportunities in the US and secure a job offer from a US employer. The employer must be willing to sponsor your work visa.

Step 2: Determine the appropriate visa category: There are several work visa categories, such as H-1B for specialty occupations, L-1 for intracompany transferees, and O-1 for individuals with extraordinary ability. Determine which category suits your situation best.

Step 3: Employer initiates the visa process: Once you have the job offer, your employer will file a petition on your behalf with the United States Citizenship and Immigration Services (USCIS).

Step 4: USCIS approval: The USCIS will review the petition and decide whether to approve or deny it. If approved, you can proceed to the next step.

Step 5: Complete the DS-160 form: Similar to the student visa application process, fill out the DS-160 form online and save the confirmation page with the barcode.

Step 6: Schedule a visa interview: Visit the US embassy or consulate website in your country to schedule a visa interview. A biometric appointment may also be required.

Step 7: Attend the visa interview: Bring all the necessary documents, including your passport, DS-160 confirmation page, job offer letter, and USCIS approval notice to the visa interview. Be prepared to answer questions about your job and qualifications.

Step 8: Pay the visa fee: If your visa is approved, pay the visa fee as instructed by the embassy or consulate.

Step 9: Receive your work visa: Once you have paid the visa fee, your passport will be returned to you with the work visa stamped on one of its pages. Congratulations, you can now legally work in the US!

Seeking Asylum or Refugee Status:

For those facing persecution or a well-founded fear of persecution in their home countries, seeking asylum or refugee status in the US is an alternative method to remain legally. Here's how you can pursue this option:

Step 1: Determine eligibility: Familiarize yourself with the eligibility requirements for asylum or refugee status in the US. Generally, you must be able to demonstrate a fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Step 2: Gather supporting documentation: Collect any evidence that supports your claim for asylum or refugee status, such as testimonies, affidavits, or news reports. This documentation will strengthen your case.

Step 3: Consult with an immigration attorney: Seeking asylum or refugee status can be a complex process, so it's advisable to consult with an experienced immigration attorney who can guide you through the application process and represent you in court if necessary.

Step 4: File the application: Prepare and submit Form I-589, Application for Asylum and for Withholding of Removal, with the US Citizenship and Immigration Services (USCIS) within one year of your arrival in the US.

Step 5: Attend interviews and hearings: After submitting your application, you may be called for an interview with an asylum officer and, if necessary, a hearing before an immigration judge. Attend these appointments and be forthcoming with your answers.

Step 6: Await a decision: The USCIS will review your application and supporting documents before making a decision on your status. Be patient during this process, as it may take some time.

Step 7: Legal representation: It is highly recommended to have legal representation throughout the asylum or refugee application process, as an experienced attorney can greatly increase your chances of success.

It's important to note that each individual's situation is unique, and these alternative methods may not be suitable for everyone. It's crucial to consult with an immigration attorney to evaluate your personal circumstances and determine the best course of action. Remember, pursuing alternative methods for traveling to the US after visa expiration requires time, effort, and adherence to legal procedures, but with the right guidance, it is possible to continue your journey in the United States legally.

Traveling to the US with a Tourist Visa: Everything You Need to Know

Traveling to the United States is an exciting experience, but it's important to understand the consequences and risks of overstaying your visa. Many people are unaware of the potential problems that can arise from remaining in the US after their visa expires. In this blog post, we will discuss the overstaying penalties, difficulties in future visa applications, and potential immigration issues that may arise if you choose to stay in the US beyond the expiration date of your visa.

Overstaying and Penalties

If you overstay your visa in the US, you could face serious consequences. According to the US immigration laws, overstaying your visa is considered a violation of the terms of your admission, which can result in harsh penalties. The penalties for overstaying depend on the length of time you remain in the US after your visa expires.

If you overstay for less than 180 days, you may be barred from reentering the US for a period of three years. This means that if you leave the US voluntarily or are deported, you will be unable to return for three years from the date of your departure or deportation.

If you overstay for more than 180 days but less than a year, you may face a ten-year bar on reentry. This means that you will be unable to enter the US for ten years from the date of your departure or deportation.

Overstaying for more than a year can result in a permanent bar on reentry. This means that you will be permanently barred from entering the US unless you are granted a waiver by the US immigration authorities.

It's important to note that these penalties apply even if you overstay your visa for just one day. US immigration authorities take visa overstays seriously, and it is not recommended to stay in the US beyond the expiration date of your visa.

Difficulties in Future Visa Applications

Overstaying your visa can also have long-term consequences on your future visa applications. When you apply for a new visa, the US immigration authorities will review your immigration history, including any previous overstays. If you have a history of overstaying, it can significantly reduce your chances of obtaining a new visa.

US immigration authorities view visa overstays as a violation of the terms of admission and may question your intentions. They may be concerned that you are not likely to comply with the terms of a new visa and may deny your application as a result.

Additionally, having a history of overstaying can make it difficult to obtain other benefits in the US, such as employment authorization or legal permanent residency. It is crucial to abide by the terms of your visa to maintain a good immigration record.

Potential Immigration Issues

Overstaying your visa can lead to potential immigration issues, including deportation. If you are caught overstaying your visa, you may be placed in removal proceedings, which can lead to deportation. Deportation can have severe consequences, including being barred from reentering the US for a specified period of time.

Furthermore, overstays can be seen as a violation of US immigration laws and may affect your eligibility for certain immigration benefits in the future. It is important to understand the potential risks and consequences before deciding to overstay your visa.

In conclusion, overstaying your visa in the US can have serious consequences and risks. From facing penalties, difficulties in future visa applications, to potential immigration issues, there are many reasons to abide by the terms of your visa and leave the US before it expires. If you have any doubts or concerns about the expiration date of your visa, it is always recommended to consult with an immigration attorney who can provide legal guidance based on your specific situation.

Exploring the Challenges and Opportunities of Traveling Outside the US for F1 Visa Holders

Staying updated on visa policies and regulations is crucial when it comes to complying with US immigration laws. The US immigration system is complex and frequently undergoes changes and updates. As an immigrant or a temporary visa holder, it is your responsibility to stay informed about these changes to avoid any legal issues. Here are some tips to help you stay updated and compliant with US visa policies and regulations.

• Regularly Check the Official Government Websites: The US government has official websites dedicated to providing information about visa policies and regulations. These websites, such as the U.S. Citizenship and Immigration Services (USCIS) and the Department of State, regularly update their pages with the latest visa rules and procedures. Make it a habit to visit these websites on a regular basis and familiarize yourself with the content. This will help you understand the requirements for your specific visa category and ensure that you are adhering to the current regulations.
• Subscribe to Email Alerts: Many government websites offer email subscription services that provide updates on visa policies and regulations. By subscribing to these alerts, you will receive notifications directly in your inbox whenever there are changes or updates in the immigration system. This will ensure that you are aware of any new requirements or procedures that may affect your visa status.
• Follow Reliable Immigration News Sources: Stay connected with reliable immigration news sources to stay informed about the latest changes in visa policies and regulations. There are various news outlets and immigration blogs that cover immigration-related news and analysis. It's important to ensure that the sources you follow are reputable and provide accurate information. By following these sources, you can quickly learn about any updates that may affect your visa status.
• Consult an Immigration Attorney: If you have specific concerns or questions about your visa status or are unsure about the impact of any recent changes, consulting an immigration attorney is highly recommended. Immigration attorneys specialize in immigration law and can provide you with expert advice and guidance tailored to your individual circumstances. They can help you navigate through the complexities of the immigration system and ensure that you are in compliance with the latest visa policies and regulations.
• Attend Immigration Seminars and Webinars: Many organizations and legal firms conduct immigration seminars and webinars to educate immigrants and visa holders about the latest immigration policies and regulations. These events often feature immigration attorneys and experts who provide valuable insights and updates. Attending these events can help you stay informed and provide you with an opportunity to ask questions directly to the experts.

Exploring Other Countries as Travel Options

As an immigrant living in the United States, you have the opportunity to explore other countries as travel options while maintaining your US visa status. Here are a few considerations to keep in mind when planning to travel outside the US:

• Review Travel Restrictions: Before planning your international travel, it is essential to review the travel restrictions applicable to your specific visa category. Some visa categories may have limitations on the duration of travel or specific travel requirements. It is important to understand these restrictions to avoid any issues upon re-entry to the US.
• Check Visa Requirements for Other Countries: Different countries have different visa requirements for visitors. It is important to research and understand the visa requirements for your intended travel destinations. Some countries may allow visa-free entry for certain nationalities, while others may require a visa application. Make sure to check the specific requirements and plan accordingly, as obtaining a visa from another country may take time and require specific documentation.
• Maintain Valid Immigration Status in the US: Traveling outside the US should not jeopardize your immigration status. Make sure you have a valid visa and maintain your status before departing. Ensure that your passport is valid for at least six months beyond your planned departure date, as many countries have this requirement.
• Plan and Book Travel in Advance: It is advisable to plan and book your travel in advance to avoid any last-minute complications. This includes booking flights, accommodations, and any necessary transportation arrangements. Additionally, consider purchasing travel insurance to protect yourself and your belongings during your trip.
• Update Your US Contact Information: Before traveling, update your contact information with the US government. This includes providing accurate information about your current address and phone number. This will help immigration officials reach you in case of any emergency while you are outside the US.

By staying updated on visa policies and regulations, consulting an immigration attorney when needed, and exploring other countries as travel options, you can ensure compliance with US immigration laws and have a hassle-free travel experience. Remember to always research and plan your travels to other countries in accordance with their visa requirements and follow the guidelines provided by the US government to maintain your immigration status.

Exploring Travel Options: Navigating Frankfurt Airport with an Expired US Visa

Frequently asked questions.

No, you cannot travel to the US once your visa has expired. Once your visa has expired, you are considered to be in the country illegally, and entering or leaving the US without a valid visa can result in serious consequences, including being barred from entering the US in the future.

If your visa is about to expire but you are still in the US, you should contact the nearest US Citizenship and Immigration Services (USCIS) office to discuss your options. Depending on your situation, you may be eligible to apply for an extension or change of status. It is important to take action before your visa expires to avoid any legal complications.

To extend your stay in the US after your visa expires, you will need to file a timely application with USCIS to request an extension or change of status. It is important to submit your application before your current visa expires and provide sufficient documentation to support your request. Keep in mind that approval is not guaranteed, and it is important to consult with an immigration attorney for guidance and assistance with the application process.

Overstaying your visa in the US is a violation of immigration laws and can lead to serious consequences. If you are caught overstaying your visa, you may be subject to deportation, a ban on re-entry to the US for a certain period of time, and potential difficulties in obtaining future visas or green cards. It is important to comply with the terms of your visa and take appropriate action before it expires.

After overstaying your visa in the US, your ability to travel to the US in the future will depend on the length of time you overstayed and the circumstances of your departure. If you overstayed for more than 180 days but less than one year, you may be subject to a three-year ban on re-entry. If you overstayed for more than one year, you may face a 10-year ban on re-entry. It is important to consult with an immigration attorney to understand the specific implications of your overstay and explore any available options for future travel to the US.

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How to Apply for a Change of Status From a Visitor Visa to a Marriage Green Card

Every year, many foreign nationals meet and fall in love with U.S. citizens and permanent residents while in the country on a B-1/B-2 visitor visa. Many couples choose to make their home in the United States. When that happens, the foreign spouse needs to get a green card to live in the country legally. U.S. immigration law allows immigrants on tourist visas to petition for an adjustment of status from their visitor visa to a green card, but the foreign spouse must meet certain eligibility criteria to do so. In this article, we describe how a foreign spouse qualifies to apply for a marriage green card while on a visitor visa, and what the application process is like when they are changing their immigration status.

Written by Jonathan Petts .  Written May 25, 2022

Can I Change My B-1/B-2 Visitor Visa to a Marriage Green Card?

Applicants who meet certain conditions can qualify to change their immigration status from a visitor visa to a green card. First, you must be eligible for a green card. You can apply for a green card if you meet certain requirements, such as employer sponsorship or familial relationships with a U.S. citizen or lawful permanent resident. While many different family members qualify, immediate relatives have special priority. For example, spouses fall under the category of immediate relatives. 

There are two different paths for spouses to receive a green card. If the spouse is not located in the United States, they can apply for consular processing. If the spouse is already located in the United States, the Immigration and Nationality Act (INA) allows them to apply for adjustment of status .

Who Qualifies for an Adjustment of Status to a Marriage Green Card?

To apply for adjustment of status as the spouse of a U.S. citizen or lawful permanent resident, you must meet two requirements:

Must be located in the United States when you apply 

Must have entered the United States lawfully

For most people, this means you entered the United States with proper travel documents and a valid visa. You also made contact with a Customs and Border Patrol (CBP) immigration officer and the officer recognized your entry. Spouses who entered through the visa waiver program can adjust their status only if they’re married to U.S. citizens. If you are now in unlawful presence, but your entry was lawful, you still qualify. 

What Is the 90-Day Rule?

You need to be present in the United States to submit an adjustment of status application. However, it is important to recognize that B-1 or B-2 visa holders who use adjustment of status to apply for a green card may seem suspicious. 

When you use a B-1 or B-2 visa to enter the United States, you have a nonimmigrant status because you declared that you intend to return home within a certain period. However, if you stay in the United States and apply for a green card, it may seem that you inaccurately represented your original intention to leave. As a result, a U.S. Citizenship and Immigration Services (USCIS) officer could reject your green card application and remove your visa if they decide you purposefully lied. 

It is important to use the 90-day rule to avoid this potential issue. USCIS officers assume that temporary visa holders who apply for a green card within 90 days of arriving in the United States purposefully misrepresented their intentions to leave. USCIS officers decide whether or not you were dishonest about your intentions, so you may be able to prove that you were honest. However, it is safer to prevent this potential issue by waiting at least 91 days after arriving in the United States to file for a green card application.

How Do I Adjust Status From a B-1/B-2 Visa to a Marriage Green Card?

When you’re sure you won’t be affected by the 90-day rule, you can apply for adjustment of status to obtain a marriage green card . Since your spouse already arrived via a B-1 or B-2 visa, they won’t be obtaining an immigrant visa but instead changing their current status. The process will be slightly different depending on whether your spouse is a U.S. permanent resident or U.S. citizen. 

If I Married a U.S. Permanent Resident (Green Card Holder)

If you married a U.S. permanent resident and hope to get a marriage green card through adjustment of status, your spouse should file Form I-130 . Form I-130 is the family sponsorship form and is officially named “Petition for Alien Relative.” After your spouse files this form, you must wait to receive a visa number to apply for a marriage-based green card. However, your next steps depend on whether you get your visa number before or after your B-1 or B-2 visa expires. 

Before Your Visa Expires

If you receive your visa number before your visa expires, you can stay in the United States to file your green card application. You will fill out Form I-485 , which is officially named “Application to Register Permanent Residence or Adjust Status.” After USCIS approves your application, you will receive your physical card. The entire process, beginning when USCIS received your Form I-130, will take about 29 to 38 months . 

After Your Visa Expires

If you receive your visa number after your visa expires, you have to leave the United States to file your green card application through consular processing. You will use the process for spouses married to green card holders but living in their home country. After USCIS approves your green card application, you will receive the physical card. The entire process, since USCIS received your Form I-130, will likely take 23 to 32 months . 

You will have to leave the United States unless you can extend your B-1 or B-2 visa or get another type of temporary visa to remain legally. If you can do so, you can follow the process for spouses married to green card holders and living in the United States. 

If your spouse becomes a U.S. citizen through naturalization while waiting for your visa number, you can switch your process to the process for people who married a U.S. citizen. You can do this even if you have already started your application process. 

If I Married a U.S. Citizen

However, if you married a U.S. citizen and hope to get a green card through adjustment of status, you and your spouse will have a somewhat similar process when following the steps to obtain a marriage green card . You and your spouse should try to file the following forms at the same time. Although you can file them separately, that is unusual. 

Your spouse, who is a U.S. citizen, should sign and file Form I-130, which is officially named “Petition for Alien Relative.” You, as the B-1 or B-2 visa holder, need to file Form I-485. Form I-485 is the green card application and is officially named “Application to Register Permanent Residence or Adjust Status.” You will likely receive your green card 10 to 13 months after USCIS receives your application package if you married your U.S. citizen spouse “in good faith.” “In good faith” means that you did not marry them just to receive a green card, and you will have to prove this to the U.S. government.

You also have the option to return to your home country to file your green card application through consular processing. Your local U.S. consulate or embassy will review your application. There will be lower application fees and a longer processing time to receive your green card if you use consular processing. 

Frequently Asked Questions About Adjustment of Status From B-1/B-2 Visas to Marriage Green Cards

Adjusting your visa status can be complicated. Here are some answers to frequently asked questions (FAQ), including application processing times, working in the U.S. while waiting, and other general application tips. 

How Long Does Adjusting Status to a Marriage Green Card Take?

Immigration application processing times can vary widely. The time it takes to adjust status to a marriage green card can vary depending on whether your spouse is a U.S. citizen or permanent resident and whether you reside in your home country or the United States. On average, it will take 10 to 38 months to receive your green card. Here are some common times depending on your circumstances:

Married to a U.S. citizen and living inside the U.S.: 10 to 13 months

Married to a U.S. citizen and living outside the U.S.: 11 to 17 months

Married to a green card holder and living inside the U.S.: 29 to 38 months

Married to a green card holder and living outside the U.S.: 23 to 32 months. 

Can I Work While Waiting on a Decision on My Adjustment of Status Application?

You can work while waiting for your decision if you meet certain requirements. For example, if you came to the United States through a work visa, you could continue to work if the visa is still valid. If you came to the United States on a different visa, you might be able to get a work permit. You should file Form I-765, officially named “Application for Employment Authorization,” to receive a work permit . If USCIS approves your application, you can legally get a job. 

What Are Some Tips To Keep in Mind While Considering Adjustment of Status to a Marriage Green Card?

As you are considering adjusting status to a marriage green card, keep in mind that you can request an extension for your B-1 or B-2 visa. If you have a six-month visitor visa, you can request an additional six months to stay in the country. You should file for an extension or adjustment of status before your current visitor visa expires. It is important to ensure you don’t overstay your visa and become unlawfully present. 

You can also consider using a K-1 visa instead of a B-1 or B-2 visa if you have not yet married your spouse, but you will be traveling to the United States for your wedding. The K-1 visa is for foreign citizens who want to travel to the United States to marry their U.S. citizen fiancé. It allows you to apply for a green card after marriage without leaving the United States. In addition, the K-1 visa can help prevent further suspicion about your intentions when applying for adjustment of status.

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Admission to the United States and your Duration of Stay

Extension of stay, what if i decide to stay longer and am out-of-status with the department of homeland security.

Sometimes understanding the difference between the visa expiration date and the length of time you have permission to remain in the United States can be confusing. These are very different terms. Also review our “ What is a U.S. Visa ?” webpage.

• A U.S. visa in his/her passport gives a foreign citizen permission to apply to enter the United States. A visa by itself doesn’t authorize entry to the U.S.  A visa simply indicates that your application has been reviewed by a consular officer at a U.S. Embassy or Consulate, and that the officer determined you’re eligible to travel to a U.S. port-of-entry for a specific purpose. The port-of-entry can be an airport, a seaport or a land border crossing.
• At the port-of-entry, a U.S. immigration officer of the Department of Homeland Security (DHS) decides whether to allow you to enter and how long you can stay for any particular visit, as part of the Admission process. Only the U.S. immigration officer has the authority to permit you to enter the United States.

The visa expiration date is shown on the visa along with the visa issuance date. The time between visa issuance and expiration date is called your visa validity. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States.

Depending on your nationality, visas can be issued from a single entry (application) up to multiple/unlimited entries.

• A visa issued for a single entry (denoted on the visa under “Entries” with the number 1) is valid, or can be used from the date it is issued until the date it expires to travel to a U.S. port-of-entry one time.
• Applying for a new visa is not necessary if your visa has not expired and you have not exceeded the number of entries permitted on your visa.
• Multiple uses of a visa must be for the same purpose of travel allowable on the type of visa you have.

Please be aware, a visa does not guarantee entry to the United States. Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. Entry and the length of authorized stay within the United States are determined by the Customs and Border Protection (CBP) Officer at the port-of-entry each time you travel.

It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;

• You have filed an application in a timely manner for an extension of stay or a change of status;
• That application is pending and not frivolous;

If you have applied for adjustment of status to become a permanent resident (LPR, also called green card holder), you should contact USCIS regarding obtaining  Advance Parole  before leaving the United States.

Upon arriving at a port of entry, the CBP official will determine the length of your visit.

On the admission stamp or paper Form I-94, the U.S. immigration inspector records either an admitted-until date or "D/S" (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United States. If you have D/S on your admission stamp or paper Form I-94, you may remain in the United States as long as you continue your course of studies, remain in your exchange program, or qualifying employment.  The admitted-until date or D/S notation, shown on your admission stamp or paper Form I-94 is the official record of your authorized length of stay in the United States. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the United States.

Carefully review information about  international visitor admission  on the CBP Website.

If you came to the United States on a nonimmigrant visa and you want to extend your stay you must apply with USCIS before your authorized stay, denoted on your admission stamp or paper Form I-94, expires. It is recommended you apply well in advance of your expiration date. To learn more select  USCIS, How Do I Extend My Stay ?.

Important Note: Providing permission to enter and/or remain in the United States. to persons holding a nonimmigrant visa is not the responsibility of the Department of State, and therefore Visa Services is unable assist you in this regard. All inquiries must be directed to USCIS.

• You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.
• Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above. Select  Classes of Aliens Ineligible to Receive Visas  to learn more.

More Information

A-Z Index Latest News What is a U.S. Visa? Diversity Visa Program Visa Waiver Program Fraud Warning Find a U.S. Embassy or Consulate Straight Fact on U.S. Visas

Immigrant Visa Interview-Ready Backlog Report

Global Visa Wait Times

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USCIS Increases Automatic Extension of Certain Employment Authorization Documents to Improve Access to Work Permits

WASHINGTON — Building on extensive modernization efforts that have streamlined and improved access to work permits for eligible noncitizens, USCIS today announced a  temporary final rule (TFR) to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days. This announcement follows improvements that have reduced processing times for EADs significantly over the past year.

The temporary measure announced today will prevent already work-authorized noncitizens from having their employment authorization and documentation lapse while waiting for USCIS to adjudicate their pending EAD renewal applications and better ensure continuity of operations for U.S. employers. This is the latest step by the Biden-Harris Administration to get work-authorized individuals into the workforce, supporting the economies where they live.

“Over the last year, the USCIS workforce reduced processing times for most EAD categories, supporting an overall goal to improve work access to eligible individuals.  However, we also received a record number of employment authorization applications, impacting our renewal mechanisms,” said USCIS Director Ur M. Jaddou. “Temporarily lengthening the existing automatic extension up to 540 days will avoid lapses in employment authorizations. At the same time, this rule provides DHS with an additional window to consider long-term solutions by soliciting public comments, and identifying new strategies to ensure those noncitizens eligible for employment authorization can maintain that benefit.”

This TFR aligns with an ongoing effort at USCIS to support employment authorized individuals’ access to work. USCIS has reduced EAD processing times overall and streamlined adjudication processing, including:

• Reducing by half EAD processing times of individuals with pending green card applications from FY2021 to date,
• Processing a record number of EAD applications in the past year, outpacing prior years,
• Engaging with communities to educate work-eligible individuals who were not accessing the process and provide on-the-ground intake support of applications,
• Reducing processing time for EADs for asylum applicants and certain parolees to less than or equal to 30-day median,
• Extending EAD validity period for certain categories from 2 years to 5 years,
• Streamlining the process for refugee EADs, and
• Expanding online filing for EADs to asylum applications and parolees.

This temporary measure will apply to eligible applicants who timely and properly filed an EAD renewal application on or after Oct. 27, 2023, if the application is still pending on the date of publication in the Federal Register. The temporary final rule will also apply to eligible EAD renewal applicants who timely and properly file their Form I-765 application during a 540-day period that begins with the rule’s publication in the Federal Register.

Absent this measure, nearly 800,000 EAD renewal applicants – including those eligible for employment authorization as asylees or asylum applicants, Temporary Protected Status (TPS) applicants or recipients, and green card applicants – would be in danger of experiencing a lapse in their employment authorization, and approximately 60,000 to 80,000 employers would be negatively impacted as a result of such a lapse. EADs are generally valid for the length of the authorized parole period. This TFR does not extend the length of parole.

Since May 12, 2023 to March 13, 2024, DHS has removed or returned over 617,000 individuals, the vast majority of whom crossed the Southwest Border, including more than 97,000 individual family members. The majority of all individuals encountered at the southwest border over the past three years have been removed, returned, or expelled. Total removals and returns since mid-May exceed removals and returns in every full fiscal year since 2011.

As part of this temporary final rule, USCIS is soliciting feedback from the public that would inform potential future regulatory action. For more information, visit our  Automatic Employment Authorization Document Extension page .

For more information about USCIS, please visit  uscis.gov  or follow us on  Twitter ,  Instagram ,  YouTube ,  Facebook , and  LinkedIn .