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  • May 29, 2026 @ 08:31am

    types of visas

    Actually, people could stay if their visa expired while their green card application was being processed. It is called "Period of Authorized Stay". IIRC, they might lose the benefits of their previous visa --- that is, they may not be legally able to work any more --- but they would not be required to leave the country while their application was being processed. Further, if you applied for a green card but then left the country and let your visa expire, you just gave up your green card application. Also, there are many more types of visas, and many more situations than you discuss. For example, someone working in the USA --- say a young person came to the USA as a college student, graduated, and found a job to sponsor their continuing visa. They then decide to apply for permanent residency. This young person has been living in the USA legally for perhaps 5 to 10 years before applying for a green card. Going "home" to apply for the green card would be a significant burden. Similarly, a person may enter the USA on a fiance visa, with the intent to marry a USA citizen. The fiance would be living legally in the USA. Requiring them to leave if their green card application was not finalized before their visa expired could impose significant hardships on the family, especially if they had children. These situations are known as "Adjustment of Status". The new rules say "we don't have to let you change your status while you are in the USA, so we probably won't." In other words, they are encouraging people to think twice before moving to the USA long term.