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What happens if my visa expires while I’m waiting for my biometric results in the United States? What are my options?

I had a biometric appointment more than a month ago and I am still waiting for a travel and work permit. My 6-month tourist visa has ended. Do I need a visa to travel throughout the United States or will my passport suffice as personal ID?

Answers

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    You certainly do not need a visa to travel throughout the U.S. You simply need an appropriate form of identification to pass through the TSA (Transportation Security Administration), such as a valid state driver 's license or even a passport. It appears you have filed for adjustment of status on Form I-485. As such, the fact that your 6-month visa status is expired it is no longer relevant.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If your I-485 is pending, you are legally able to remain in the U.S. If you leave without a travel permit, you are abandoning your permanent residency application.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It takes 90 days for the EAD and travel card to be issued. If you filed the Adjustment of Status application before the visa expired, then you are now under the AOS pending status. The travel within the U.S. should be okay with the passport, but you should take your AOS receipt notice with you.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you are stating you had your biometrics done based on an approved I-526 Petition and filed an adjustment of status application along with the work and travel permit, then you are authorized to remain in the U.S. at this point as a pending adjustment applicant and are no longer subject to your visa status and the expiration of stay based on said visa.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It appears you have filed for an adjustment of status to permanent residency and should be issued a work and travel card, but that takes 90-120 days. Now, you can travel with a valid passport and the receipts for the adjustment of status application. However, still be careful at immigration checkpoints as you do not have valid nonimmigrant status. Also, if you entered on a visitor visa and filed for adjustment within 90 days, that may be seen as misrepresentation.

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    Shenila A Momin

    Immigration Attorney
    Answered on

    If you have already filed the I-485, then you do not have to worry about the B-2 since you are now changing it to residency status.

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