As a non-citizen currently in the United States, it is natural to wonder about your options for staying there. Many non-citizens wonder whether they can apply for a visa while in the U.S. If you are a non-citizen already in the United States, you do not need a visa, nor can you obtain one. Please continue reading to learn why you cannot obtain a visa if you are a non-citizen already in the U.S. and discover how an adept Essex County Immigration Attorney can help you understand renew or extend your status.
Can I get a U.S. visa if I’m already residing in the United States?
If you are a non-citizen who is currently in the United States, you will not be able to obtain a visa. This is primarily because a visa is simply a means for entering the U.S. legally. A visa is an entry document issued only to those overseas at a U.S. embassy or consulate. Essentially, an individual issued a U.S. visa would present it at the port or border of entry to come to the United States. Therefore, applying for a visa is unnecessary if you are currently in the United States. Although it is not possible to apply for one from within the U.S., you can apply to adjust your status to reside there permanently.
Can I renew or extend my immigration status?
Depending on the type of visa you have been issued and entered the U.S., you may be able to renew or extend your immigration status. In most cases, if you have been issued a temporary work visa, it can be renewed by the United States Citizenship and Immigration Services (USCIS) at least once after it has reached its expiration date. The same holds for those that have been issued student visas. Usually, individuals with F-1 visas do not need to worry about their immigration status until they graduate or complete their course of study. They may seek a renewal or extension if they need more than the allotted time their original visa has permitted. However, it is critical to note that you must apply for a renewal or extension before your authorized stay runs out. If you fail to do so, it could result in your request being denied.
Moreover, you may be wondering whether you can change your current immigration status to another one while currently in the U.S. The answer ultimately depends on the type of visa you have been issued, similar to whether you can renew or extend your immigration status. If you have been given a student visa, you can often change your immigration status to an employment-based temporary visa. However, this depends on the specific categories, as most do not allow you to change status.
Is it possible to adjust my status to permanent residence?
While in the United States, it is possible to become eligible for permanent residency, otherwise known as a green card. However, this is only the case if you are currently in the U.S. on a valid visa, have not violated the terms, and have not stayed past the date you were supposed to leave the country. This process is known as adjustment of status. Through this process, you can complete the application process within the U.S.
If you are currently in the U.S. and seek to remain in the country through a visa renewal, extension, or adjustment of your immigration status, contact a skilled attorney from the Law Offices of Christopher T. Howell, Esq. today. Our firm is committed to helping our clients understand the options available to allow them to remain in the U.S. legally.
