What should a non-immigrant employee do if they fall out of legal status?
If the nonimmigrant employee is unable to secure a legal visa status after being laid off, any time spent out of status has the potential to create significant future problems that the nonimmigrant often does not realize. Even minor periods of time spent out of legal status can render the nonimmigrant ineligible for certain immigration benefits. For example, in the final stage of the green card process, an individual usually has the choice of completing the process from within the US (referred to as adjustment of status) or at the US Consulate located in their home country. However, individuals who have spent any period of time out of status are potentially not eligible to adjust status and must endure the disruption of having to return home to complete their green card process. Furthermore, USCIS has recently begun cracking down on workers who engage in any unlawful employment even after an adjustment application has been filed. An adjustment applicant must therefore be very careful t
