Obtaining legal status in the U.S. is an amazing milestone. Yet, that legal status will only last for the duration of your visa or as long as you fulfill the requirements asked of you during your stay. Failure to maintain your immigration status will result in falling out of status, which you must avoid or face severe consequences.
Failure to maintain your immigration status has many consequences that will affect your future citizenship efforts. For example, falling out of status puts you at risk of removal or deportation. If you’re removed, you may not be able to return to the U.S. for 5 to 20 years, if at all.
Falling out of status can also hinder your ability to adjust your status to permanent residence. And should you leave the U.S. to travel while being out of status, you may be unable to return.
There are many ways you can lose your immigration status depending on the type of visa you currently possess. For example, if you’re a student, getting a job without authorization or dropping below a full-course load can result in losing your status.
If you’re within the U.S. due to a travel visa, you can also fall out of status if you stay longer than the visa allows. Another common example is the fiancé visa. If you do not get married within 90 days, you’ll lose your status.
Your next steps will also depend on the type of visa you hold. A student will likely either need to apply for reinstatement or leave the US and seek new admission. A fiancé who doesn’t get married within 90 days will most likely need to leave the U.S. and pursue the process again.
We recommend reaching out to an immigration attorney who can help you avoid falling out of status from the start. An attorney will explain your responsibilities in detail so you can stay within the U.S. and prevent further legal consequences.
If you’re struggling to maintain your status or if you have questions about your status, an immigration lawyer can help. To learn more about immigration or to speak with our team, give us a call at 972-445-7577or send us a message.