Applying for a Green Card is no easy task as one has to fulfill many conditions to qualify for a permanent resident status. Many foreign nationals wish to become permanent residents of the United States. This gives them the right to live and work in the United States, although they cannot vote in the national elections. One has to be present in the United States to apply for a Green Card and to be considered for it.
Expired Visa
If your visa is set to expire while your application for allotment of Green Card is being processed, then you need to obtain advance parole before travelling abroad. The US advisory clearly states that you will not be allowed to re-enter the United States if you do not obtain the advance parole. For this, you need to fill in Form I -131. Once you obtain the advance parole, you will be able to re-enter the United States easily to pursue your Green Card application and get your status adjusted.
Illegal Stay
In the event that you have already extended your stay beyond your visa period, you will be barred from re-entry into the United States. This can also have serious consequences for your Green Card application. If you continue to stay in the United States without a valid visa for less than 180 days, you will be barred from re-entry for 3 years. A longer illegal stay will result in getting barred for up to 10 years. Moreover, even if you are permitted to re-enter the United States, you will be barred from obtaining a Green Card or permanent resident status and all the privileges that go with it.
Safest Method of Getting Green Card
The best way of getting a Green Card if your visa is about to expire is by obtaining an advance parole and leaving the country. Then re-enter the country on a fresh visa and ask for your Green Card application to be processed as soon as possible.
Contact an immigration Attorney
While in the United States, contact an immigration attorney who can help you with the process before the expiry of your visa. Such an attorney will help you obtain advance parole and re-entry visa for you. Once you are back in the United States, you can follow up your Green Card application with the help of your attorney. Any illegal stay in the United States attracts severe penalties and possible denial of Green Card status. It is best to follow the US law regarding immigration if you want to obtain permanent resident status in the United States.
