Authorized Period of Stay

Chicago Immigration Attorneys

Our Chicago immigration lawyers can help you to be in the United States in legal status or in authorized period of stay.  Authorized period of stay is the time the USCIS has allowed an alien to stay in the U.S. Once this period expires, or once the government finds that the alien has violated the conditions of his or her admission, the alien begins to accrue unlawful presence.

The government has designated the following periods as authorized periods of stay even though the date on the I-94 card may have passed.

  • Voluntary departure;
  • Refugee status;
  • Asylee status;
  • Grants of withholding or deferral of removal under the United Nations Convention Against Torture;
  • Legalization and special agricultural worker applications for lawful temporary residence which are pending through an administrative appeal;
  • Grants of withholding or suspension of deportation, or cancellation of removal;
  • Applications for temporary and permanent residence by certain Cuban-Haitian entrants;
  • Grants of Temporary Protected Status and Deferred Enforced Departure;
  • Applications for adjustment of status; and
  • Certain pending applications for extension of stay or change of status.

Understanding whether your period of stay is authorized is very important for future admissibility to the U.S. Unlawful presence in the U.S. can have severe consequences, including inability to return to the U.S. for three or more years. The laws and regulations are exceedingly complex and any issues concerning authorized period and unlawful presence need professional analysis. We can help you understand your legal situation and can counsel you regarding your long-term immigration goals depending on your personal or business needs.

Call us at 773-516-4100 or contact us online for a consultation to discuss your immigration issues or questions.

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