Legal Question in Immigration Law in New Jersey

Forms to fill-in for staying in US after expiration of visa

My wife's TN Visa expire on 03/10 and my citizenship interview is on 03/23. Our I-130 has been approved. I will apply for her I-485 very next day after getting the citizenship. What forms my wife need to fill-in during these 3-4 week period until I receive a receipts letter from USCIS for I-485?


Asked on 3/07/07, 1:08 pm

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Forms to fill-in for staying in US after expiration of visa

I suggest you see an attorney to help you out with this. It shouldn't cost you much and I can refer you to a good one.

Keep in mind that the expiration date for the visa should not be confused with the authorized length of your stay in the U.S., given to you by the U.S. immigration inspector at port-of-entry, on the Arrival-Departure Record, Form I-94, or I-94W for the Visa Waiver Program. The visa expiration date has nothing to do with the authorized length of your stay in the U.S. for any given visit.

Thus, I suggest you check your 94's to see how long you are permitted to stay in the US.

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Answered on 3/07/07, 1:32 pm
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Forms to fill-in for staying in US after expiration of visa

As mentioned in the other attorney's reponse. It is best to speak to an immigration attorney. Although there is only a gap of a few days between the expiration of her current stay and the time you get your citizenship it can certainly cause her to fall out of status unless proper rules are followed. Feel free to call me and we can set up a consultation.

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Answered on 3/07/07, 2:30 pm


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