Adjustment of status/expired visa, wanting to travel within US by air [closed]

I am a Canadian citizen about to adjust status to permanent resident. Paperwork will be filed prior to my travel. I want to stay in the US for a vacation but my visa is expired and I am now considered without status.

Will this affect me in any way as far as travelling or my immigration process with USCIS?

Best Answer

If you are not leaving the US, your expired visa will not pose a problem. The expiration date of the visa is the last date on which you may show up at the US border and seek to be admitted to the country. The expiration date has no effect on the allowed length of your stay.

I can't say for sure whether you will have problems on other grounds, however, because I do not know the implications of being "without status" or of having a pending application for permanent residency.

If it means that you should avoid coming to the attention of immigration enforcement officers, then you should consider whether your travel will increase the risk of that happening. I would guess that the increase would only be significant if you plan to be travelling near enough to the Mexican border that you encounter internal immigration checkpoints.

If, on the other hand, your pending application for permanent residency means that you will have no fear of coming into contact with immigration enforcement officers, then you should have no reason to avoid traveling.

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Can I fly domestic in US with expired visa?

A visa is only an entry document and can expire while you are in the U.S. There is no issue if your visa expires while you are legally present in the U.S. As long as your status is still valid and you continue to follow all immigration regulations, you can continue to remain in the U.S. even if your visa has expired.

Can I travel within US with expired I-94?

In most cases, if you stay in the U.S. after your I-94 has expired, your visa status will be considered \u201cout of status,\u201d and you will be deported immediately. Additionally, you will not be able to apply for a green card or change your status, even if you are eligible to do so.

What happens if you stay in the US after visa expires?

Your Visa Becomes Void If you stay in the U.S. beyond your visa expiration date, your visa automatically becomes void. You must return to your country of nationality to get a new visa; you can't apply at a consoluate that is closer to the U.S. There are exceptions to this rule in extraordinary circumstances.

Can I travel while my adjustment of status is pending?

You can travel, but must use great care. If you simply get up and go without getting official permission (called "advance parole," described below), the law says you will have given up (or abandoned, in USCIS terminology) your adjustment of status application.

Adjustment of Status Pending - Can I Stay When My Tourist Visa Expires?

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