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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28069
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am here on a G5 visa which expired in april I am a

Customer Question

I am here on a G5 visa which expired in april I am a Registered nurse and a different employer had applied for my residency thru employment as a nurse. The I 140 was sent in January but i have not received an approval yet. Can I remain in the country and file for adjustment of status or should i leave the country immediately
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Judith replied 4 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

No you may not remain in the US beyond the expiration date on your I-94. You have begun to accrue unlawful presence int he US as of April when your I-94 expired. After 6 months you will have a 3 year bar from coming back to the US and you cannot apply in the US for adjustment with an expired I-94.

So you have to go to home country to apply for visa. Your departure triggers the 3 year bar and after 1 year here illegally it triggers a 10 year bar.

The filing of a petition does not give you permission to remain in the US to wait for approval.

Further, there are no visa numbers available for RNs who fall into the Employment Based 3rd preference category.

What country are you from and I will tell you how long you have to wait in your home country.

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