Can I travel within the USA with a k2 expired visa? 8 Answers as of January 17, 2011

My mom is a permanent resident, and she summited a I-130 petition for alien relative. What can I do to travel within USA. Thank you in advance for your time.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Why didn't you get the residency when your mother did? Being in the United States without legal immigration documents can get you detained and deported.
Answer Applies to: Florida
Replied: 1/17/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
You run the risk of inspection when you travel within the U.S. I would not recommend that you travel without proper I.D.
Answer Applies to: Texas
Replied: 1/3/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
An expired K2 visa and/or K2 I-94 does not grant you permission to travel inside the U.S. If your K2 status is expired you are illegally in the U.S. and subject to being arrested and removed from the U.S.

If you entered the U.S. as K2, did you mother (the K1) marry the petitioner? If so, why did you not file for adjustment of status? It still may not be too late for you to do so.
Answer Applies to: California
Replied: 1/3/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Travel within the U.S. is really only limited by your ability to provide photo identification.
Answer Applies to: Virginia
Replied: 1/3/2011
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
No you cannot travel to the US on an expired visa, K-2 or any other expired visa for that matter. Because your mother has filed to sponsor you for permanent residence you are deemed to be an intending immigrant. That means that the US government believes that it is your intent to remain in the US permanently. As a result of this they are unlikely to issue you any non-immigrant visa, most of which require that you demonstrate "non-immigrant" intent , i.e the intent to return to your home country at the end of your period of stay. The only non-immigrant visas which do not require it are the H-1B visa for specialty occupations requiring a 4 year college degree and the L-1 intra-company transferee visa. Unless you can qualify for one of these visas, you will need to wait until you can obtain an immigrant visa, a/k/a a green card, most likely based on your mom's petition, which may take some time. In very rare instances a B-2 visas may be granted to permit temporary travel to the US if you can convince the US Consul in your home country that you will come and leave, but these are rarely granted under the circumstances you describe and you must demonstrate strong ties to your home country and overcome the heavy presumption that if you come here, you will not leave.
Answer Applies to: Massachusetts
Replied: 1/3/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Staying in USA after visa expires is illegal. Traveling is a way to expose yourself to authority. So the answer is No. Good luck!
    Answer Applies to: Florida
    Replied: 1/2/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    I am assuming your mother was a K-1 and you were her dependent. If so, you were a derivative and should have file your I-485 at the same time as your mother if you were under 21. You should probably meet with an attoney. More information is needed to determine the best option.
    Answer Applies to: California
    Replied: 1/2/2011
    Messing Law Offices, P.L.C.
    Messing Law Offices, P.L.C. | John Messing
    From what you write, you are out of status. If stopped by law enforcement, you could be put into removal proceedings, whether travelling, or in the place where you live. The I-130 filing does not grant you any rights to be in the U.S. However, depending on your age and the history of the case, it is possible that you have been entitled to permanent residency since the time your mother first became a permanent resident. You should consult an immigration lawyer right away.

    Without a retainer agreement with this office, there is no attorney client relationship, confidentiality of the attorney client relationship, or responsibility of this office for the case.
    Answer Applies to: Arizona
    Replied: 1/2/2011
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