Can I Apply for a Visa While Already in the United States?

Usually, a visa is issued by an overseas United States embassy or consulate, in which you would present at the border or port of entry to be admitted into the country. But you may still wonder whether a visa can be issued within the country, as well. Follow along to find out whether you can apply for a visa while already in the United States and how a proficient family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you understand your options.

What actions can I take with my visa?

Simply put, if your United States visa is set to expire soon, you must start making certain arrangements. This is because there may be harsh consequences coming your way if you are found to be illegally residing in the country. With that being said, you may be looking into taking any one of the following actions:

  • You are looking to renew or extend your immigration status in the United States.
  • You are looking to change your immigration status in the United States.
  • You are looking to adjust your status to a permanent resident of the United States.

Can I apply for a visa when I am already in the United States?

Your eligibility to apply for a visa while you are already in the United States may depend on what action you are intending to take with your status.

For example, you may apply for a renewal or extension of your work visa (i.e., H-1B visa, L-1 visa, O visa, etc.) while remaining in the country. The same goes for your student visa (i.e., F-1 visa, M-1 visa, J-1 visa, etc). Of note, you are eligible so long as you submit your application before your permitted stay runs out.; along with not having violated the terms of your original visa or committed a crime during your stay.

Secondly, only certain visa types are eligible for a switch of status. For instance, you may easily change your student visa to an employment-based visa. On the other hand, you may not change your fiancé visa (K-1 visa), crew member visa (D visa), aliens in transit with or without a visa (C visa), etc. into a student visa.

Lastly, you may be able to complete the application process to adjust your status to a permanent resident while within the country’s borders. This is only possible if you are eligible for permanent residence; you are in the country on a valid visa; you have not stayed past the date you were supposed to leave; and you have not violated the terms of your original visa.

At the end of the day, if you are working toward a United States visa, you need one of the talented Wisconsin immigration attorneys by your side. Contact Sesini Law Group, S.C. to retain our services today.

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