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.
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).
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.
> 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.
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|5 years ago
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|5 years ago
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.
BeetleB|5 years ago
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.
ckaygusu|5 years ago
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.