I am a British citizen with L-1B status in the USA. My visa expires Jan 31st 2023 and I am planning a trip to the UK over the holidays. When I re-enter the USA, I will have just 3 weeks remaining on my visa.
I'm concerned that I will be challenged upon re-entry. And why not? I do have fewer than 3 weeks remaining - what's my plan? Well, my plan is to remain in the USA.
I married a US citizen and I have an I-485 receipt notice that acknowledges an adjustment-of-status application. My attorney assures me that this application allows me to legally remain in the USA after my visa expires. However, the I-485 doesn't explicitly state that I may legally remain. The document simply gives me a receipt number and invites me to register on the website.
- Can I re-enter the USA with only 3 weeks remaining on a visa?
- Could re-entry be denied because I intend to remain in the USA after my visa expires?
- How do I unambiguously demonstrate that I may legally remain in the USA after my visa expires?
Edit: For those curious, a request for evidence came through on my AOS so I have decided not to leave the USA to avoid any potential complications.