4 ms·

You don't get kicked out because lack of visa. For people in country in status, effect of this would be the inability to get back into US if one leaves.

armada651 6y ago
You need a Visa one way or the other to stay in the US as an alien. Besides even if you weren't kicked out, how are you going to make a living without a work authorization? Overstaying your Visa is illegal. I know ICE isn't going to knock on your door right away, but it's going to negatively affect future Visa applications (visiting also requires a Visa).
- blntechie 6y ago
  It’s just nitpicking but visa in US immigration parlance is only a tool for entry to the country. Work authorization and visa are not technically same. You can stay in the country legally even with expired visa (the one pasted in the passport) but with work authorization approval documents extending the same visa category or another category.
  - zo1 6y ago
    Wow. As an outsider, a lot of the immigration/illegal-alien discussion makes a lot more sense now that I am aware of that detail. And I can't say I'm surprised that it's been such a huge, contentious and problematic issue with that kind of grey-area.
  - armada651 6y ago
    These differences are academic at best, yes there are options open when your Visa expires, but they're all intentionally very bad options. No tech company will want to keep you on their payroll without a Visa for any extended period of time. You're better off leaving the country because life without a Visa will be difficult and will eventually result in your arrest when your I-94 expires.
- ckaygusu 6y ago
  No, you do not need a visa to STAY in the country. Legal status and having a visa in your passport is not tied together. Your legal status is shown in your I-94. You can get into the country in a status, and adjust to another, without having a visa to reflect the new status. If you leave the country and want to get back in, however, you need to have the right visa. Again, a visa is only required to have a CBP officer admit you into the country in a specific status. After getting in, it does not have much importance. What Trump is trying to do is, hack his way into enforcing the policies he thinks it is a good idea. Since SCOTUS gave him a carte blanche with respect to admitting aliens into the country, in order to stop H1B, he is using the same legislation. That lets him only to stop people from getting in; other ways of stopping it either takes time or needs to go through Congress.
  - armada651 6y ago
    Your I-94 still has an expiration date, if you can't renew your Visa then your I-94 will expire eventually. Once the I-94 expires your stay is illegal. Also you're still overstaying your Visa, which is going to affect your future applications. Also how would you transition to another visa when applications are suspended? You'll have to live in the United States without a job in the hopes the suspension is lifted before your I-94 expires.
    - ckaygusu 6y ago
      You are still conflating legal status and visa in an improper way. The I94 expiration case can happen in practice. I don't know all possible cases, but at least for H1B done through change of status, you are not required to get a visa as long as you do not leave the country. And no, you r I-94 does not expire for three years, so it is entirely possible to complete a whole H1B period without a visa.
      - armada651 6y ago
        As an H1 all your authorizations are tied to your Visa in some way. They may not expire at the same time, but if you have no way of acquiring a new visa (which under this suspension, you don't) you're in trouble whether you leave the country or not. > You are still conflating legal status and visa in an improper way. I am and you should speak to your immigration lawyer if your visa is expiring.
- BeetleB 6y ago
  > You need a Visa one way or the other to stay in the US as an alien No - you need to maintain status, not visa. For H-1 workers and F-1 students, staying on expired visa is quite common and legal - as long as they do the paperwork to maintain their status. If they leave the US to visit another country while maintaining a legal status, then they cannot return without applying for the visa. For H-1 workers and students, a visa is only relevant for border crossings.

armada651 6y ago

You need a Visa one way or the other to stay in the US as an alien. Besides even if you weren't kicked out, how are you going to make a living without a work authorization? Overstaying your Visa is illegal. I know ICE isn't going to knock on your door right away, but it's going to negatively affect future Visa applications (visiting also requires a Visa).

blntechie 6y ago
It’s just nitpicking but visa in US immigration parlance is only a tool for entry to the country. Work authorization and visa are not technically same. You can stay in the country legally even with expired visa (the one pasted in the passport) but with work authorization approval documents extending the same visa category or another category.
- zo1 6y ago
  Wow. As an outsider, a lot of the immigration/illegal-alien discussion makes a lot more sense now that I am aware of that detail. And I can't say I'm surprised that it's been such a huge, contentious and problematic issue with that kind of grey-area.
- armada651 6y ago
  These differences are academic at best, yes there are options open when your Visa expires, but they're all intentionally very bad options. No tech company will want to keep you on their payroll without a Visa for any extended period of time. You're better off leaving the country because life without a Visa will be difficult and will eventually result in your arrest when your I-94 expires.
ckaygusu 6y ago
No, you do not need a visa to STAY in the country. Legal status and having a visa in your passport is not tied together. Your legal status is shown in your I-94. You can get into the country in a status, and adjust to another, without having a visa to reflect the new status. If you leave the country and want to get back in, however, you need to have the right visa. Again, a visa is only required to have a CBP officer admit you into the country in a specific status. After getting in, it does not have much importance. What Trump is trying to do is, hack his way into enforcing the policies he thinks it is a good idea. Since SCOTUS gave him a carte blanche with respect to admitting aliens into the country, in order to stop H1B, he is using the same legislation. That lets him only to stop people from getting in; other ways of stopping it either takes time or needs to go through Congress.
- armada651 6y ago
  Your I-94 still has an expiration date, if you can't renew your Visa then your I-94 will expire eventually. Once the I-94 expires your stay is illegal. Also you're still overstaying your Visa, which is going to affect your future applications. Also how would you transition to another visa when applications are suspended? You'll have to live in the United States without a job in the hopes the suspension is lifted before your I-94 expires.
  - ckaygusu 6y ago
    You are still conflating legal status and visa in an improper way. The I94 expiration case can happen in practice. I don't know all possible cases, but at least for H1B done through change of status, you are not required to get a visa as long as you do not leave the country. And no, you r I-94 does not expire for three years, so it is entirely possible to complete a whole H1B period without a visa.
    - armada651 6y ago
      As an H1 all your authorizations are tied to your Visa in some way. They may not expire at the same time, but if you have no way of acquiring a new visa (which under this suspension, you don't) you're in trouble whether you leave the country or not. > You are still conflating legal status and visa in an improper way. I am and you should speak to your immigration lawyer if your visa is expiring.
BeetleB 6y ago
> You need a Visa one way or the other to stay in the US as an alien No - you need to maintain status, not visa. For H-1 workers and F-1 students, staying on expired visa is quite common and legal - as long as they do the paperwork to maintain their status. If they leave the US to visit another country while maintaining a legal status, then they cannot return without applying for the visa. For H-1 workers and students, a visa is only relevant for border crossings.