Asked in Immigration Law for Missouri

Q: Can my husband travel in the US with an expired visa?

My husband entered the US on a K1 visa. We got married before the 90 day deadline and have recently filed for a change of status/green card. While we are waiting on the COS can he travel within the US on a expired visa?

Related Topics:
2 Lawyer Answers

A: Yes you husband maybe able to travel inside the US while waiting for his adjustment of status. It is best if he carries a copy of the documents related to AOS in his travels. If you have more questions feel free to talk to an attorney in private. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.

A: Yes. When you filed for the adjustment of status, did you happen to apply for work authorization or a travel document? If so, he will should get an ID card 3-4 months after you file. Then he can get a social security card and driver's license. If he applied for a travel document (called advance parole) he can actually leave the country! (But talk to a lawyer before he leaves, of course. I tend to advise clients to keep any such trips short and only go where you indicated on your advance parole application. Also, he cannot leave the country without first obtaining advance parole or he abandons he residency). Good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.