✔️ A case from my recent practice – a client came to me convinced that their immigration status in the U.S. was still valid because they had filed an extension application on time. But immigration law has some important nuances you need to understand.
⠀ ‼️ Immigration status, permission to stay, and lawful presence are three different things.
⠀ ✅ Immigration Status
This refers to your specific immigration category in the U.S., such as a work or student status. It determines the conditions under which you can stay in the country, work, or study. Each status has its own requirements and expiration date.
⠀ ✅ Permission to Stay
In certain situations, you may lose your immigration status but still be allowed to remain in the U.S. while your application is pending. However, this does not mean your previous status remains valid or that you retain all the rights associated with it.
⠀ ✅ Lawful Presence
This is a separate legal concept that matters when evaluating the immigration consequences of your situation, particularly when calculating unlawful presence. It can affect your eligibility for a visa or green card in the future.
⠀ ⚠️ When can you lose your immigration status?
Some of the most common reasons include:
your authorized period of stay expires
you lose your job or your employment conditions change significantly, if your immigration status is tied to your employer
you violate the terms of your status, for example, by working without authorization
your application is denied, and that application was the basis for your ability to remain in the U.S.
⠀ ‼️ Simply filing an extension application does NOT automatically guarantee that you maintain your immigration status. What matters is the type of application, when it was filed, and the specific circumstances of your case. Filing for an extension before your status expires can have very different consequences from filing after it has already expired.
⠀ ✅ Over my 18 years of legal practice, I’ve seen many cases where a misunderstanding of someone’s immigration situation led to serious consequences.
⠀ ✔️ I’m Irina Lust, an immigration attorney. I invite you to schedule an online consultation so we can review your situation, identify potential risks, and develop the right legal strategy for you.
✉️ info@myimmigrationlawyerusa.com
📱 +1 (203) 451-3240 WhatsApp (text only!)
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