My Visa Expired. How Can I Avoid Deportation?

 Posted on October 03, 2024 in Immigration

A visa is a travel document that allows a foreign citizen to enter the United States and remain there temporarily. When the visa expires, it means the holder no longer has permission to be in the country. If the foreign citizen continues to remain in the U.S., it is against the law and can have serious consequences. One of those consequences is deportation, which means being forcibly removed from the country. If your visa has expired, contact a California immigration attorney who can help you plan your next steps.

What Can Happen if I Stay in the United States on an Expired Visa?

Remaining in the United States on an expired visa is illegal and can have the following repercussions:

• Immigration authorities may launch deportation proceedings against you and have you removed from the country.

• Depending on how long you stay past your visa expiry date, you may be barred from re-entering the United States for several years.

• Your eligibility to immigrate to the United States may be affected.

How Can I Avoid Deportation Due to an Expired Visa?

The best way to avoid deportation due to an expired visa is to apply for an extension before the visa expires. The U.S. Citizenship and Immigration Services (USCIS) recommends filling out the I-539 application at least 45 days before the expiration date.

Other possible ways to avoid deportation include:

• Change your immigration status: Instead of extending your visa, you might try applying for a new visa that better suits you if your circumstances have changed. If you have found work with an employer who is willing to sponsor you, for example, you can ask USCIS to issue you a work visa.

• Cancellation of removal: In specific cases, a noncitizen may ask for a cancellation of deportation proceedings if it would cause undue hardship on his or her U.S. citizen relatives.

• Asylum: Depending on your home country, you may qualify for asylum or temporary protected status (TPS). If you are granted asylum or TPS, you will be allowed to remain in the U.S. temporarily.

• Voluntary Departure: You can leave the United States on your own within 180 days of your visa’s expiration. The purpose of voluntary departure is to remain compliant with U.S. laws and salvage your eligibility to return to the country in the future. This is considered a last resort option after you have exhausted all others.

Contact a San Francisco, CA Immigration Attorney

There are many reasons why immigration authorities deport foreign citizens. An expired visa does not have to be one of them. If your visa has expired or is due to expire, contact Hafey & Karim. We are known for our personalized, excellent legal services and our high success rates in defending our clients from deportation. Get a free 20-minute consultation with a San Francisco, CA immigration lawyer by calling 415-286-5056 today.