Options for People With Temporary Visas in DuPage County

 Posted on June 23, 2023 in Immigration

Obtaining a temporary visa can be a great choice for those planning a longer visit to the United States. A temporary visa can allow you to stay in the country for quite some time legally. Many people who are coming to the U.S. for business or educational purposes need temporary visas that last longer than most tourists are permitted to remain in the country. Temporary visas are often non-immigrant visas. They are intended for temporary use. However, it sometimes happens that a person visiting on a temporary visa decides they would like to remain in the U.S. after their temporary visa expires. This could be because they are extending their trip, or because they would like to immigrate and become a U.S. citizen or permanent resident. 

If your temporary visa is expiring in the next few months but you do not want to leave the U.S., you may have options. Mevorah & Giglio Law Offices can guide you in choosing the best option for you. 

Legal Options for Temporary Visa Holders 

If you currently have a temporary visa and would like to prolong your visit or begin the journey towards citizenship, you likely have legal options. The first option is to extend your stay without beginning the immigration process. To do this, you will need to fill out Form I-539, the Application to Extend/Change Nonimmigrant Status. There are a few requirements. Your nonimmigrant visa must still be valid when you apply, so it is important to begin the application process early. You must also have complied with any conditions of your temporary visa and must not have committed any crimes that render you ineligible. This may be your best option if you intend to return to your home country, but need to stay longer than anticipated. 

Your other option is to apply for status as a permanent resident. This is a good option if you are interested in eventually becoming a U.S. citizen. However, you can apply to become a permanent resident whether or not you intend to become a citizen. To take advantage of this opportunity, you will need to apply for an adjustment of status (AOS). Many of the same requirements for extending your stay also apply to those seeking an AOS. 

It is best to work with an attorney if you will be pursuing an AOS. An attorney can help you determine which green card category you likely qualify for and work to ensure that your application and petition are submitted correctly. 

Contact a DuPage County Immigration Lawyer

Mevorah & Giglio Law Offices is committed to helping immigrants and temporary visitors obtain the legal status they need to lawfully remain in the country. Our skilled Bloomingdale immigration attorneys offer top-quality representation for those dealing with immigration issues. For a free consultation, contact us at 630-932-9100. 

Source: https://www.uscis.gov/visit-the-united-states/extend-your-stay

https://www.usa.gov/adjustment-of-status