Legal Issues That May Affect the Status of Your Visa
US Immigration Bonds knows that there are people all over the world come to the United States for reasons ranging from a simple vacation to pursuing better opportunities for themselves and their families. Work visas and study visas are governed by a certain set of rules and if they are not followed you will lose your visa. It’s your responsibility to understand all the legal issues affecting your visa during your time in the United States.
One of the hallmarks of the U.S. legal system is that ignorance of the law is not a defense. That means that just because you may not understand the legal issues affecting your visa, if you break the law you cannot use your misunderstanding of the law as a defense. You will lose your visa. Maintain your student and work visa with the following resources:
Student Visa – F1 visa – rules and regulations for F1 student visas
Work Visa – H1-B visa – rules and regulations for H1-B visas
Each type of visa has its own rules. We are not focusing on travel visas but rather the student and work visa because foreigners with these visas expected to stay in the United States but you can lose your visa, be detained and be deported. If you find yourself in that situation, call an immigration bondsmen immediately.
Understand the Basic Rules That Govern Your Visa
It’s important to be aware of visa statuses and applications, especially as the current administration aims to reform immigration law in an attempt to address the immigration issues.
The US Department of State makes it simple to check the status of immigrant (IV) and nonimmigrant visas (NIV). Make sure you have CEAC Barcode and the interview location for NIV cases or the case number for IV cases prepared.
If there are any legal issues affecting your visa, you will see an alert on CEAC website.
Expiring Student or Work Visa
If a visa is expiring soon, an extension should be filed as soon as possible or you may lose your visa entirely and be detained and deported.
In order to account for processing time, the US Department of State recommends filing for an extension 45 days or more before the expiration date. If you stay in the country once your visa has expired, you may be barred from returning for up to 20 years depending on how long you have resided in the US after the expiration date.
An extension will most likely be denied if the person has an immigrant intent, meaning that he or she intends to permanently reside in the United States.
Visa to Green Card
The transition from visa to permanent resident is possible with both the student and work visas. If you have maintained your student and work visa and followed all the legal obligations, you may consider applying for a green card.
There is a catch 22. You cannot intend to stay permanently when you apply for an F1 student visa and if it’s found that you want to stay permanently you may lose your visa. Though recently there has been a softening of these legal issues affecting your visa and you can apply with “dual intent”. There are no official sources of that information because it is still a grey area. Check with an immigration attorney.
If you hold a H1-B work visa you can get a green card through a job, by being sponsored.