Managing Attorney
If you’re waiting for your visa to be approved, you may be wondering whether you’re allowed to stay in Texas—and under what terms. It’s a common question, especially since immigration timelines can be unpredictable.
Some people assume that once they’ve submitted an application, they’re automatically safe to remain in the country. Others worry that they may be forced to leave before getting an answer. The truth depends on your current status and the type of visa you’re applying for.
Visa Status Matters: What You Entered With
Whether you can remain in the U.S. while waiting for a visa depends on how you entered the country. This is where your visa type and I-94 record come into play.
If you entered the U.S. with a valid visa—whether as a tourist, student, or employee—you’re typically allowed to stay until the expiration date listed on your I-94 arrival/departure record. This date is important. It may be shorter than the visa’s expiration printed in your passport, and once it passes, you could be considered “out of status.”
Here’s what to keep in mind:
- Overstaying your authorized period can hurt your future visa applications.
- If you entered without inspection or crossed the border unlawfully, your situation may be more complicated, and you should speak with an attorney right away.
- If your visa is still valid but your status is expiring, you may need to file a change or extension of status before your time runs out.
We can review your current documents and help you understand where you stand.
What Happens While Your Visa Is Pending?
Let’s say you filed an application to extend your stay or to change your status. If the application was submitted on time, you may be allowed to remain in the U.S. legally while you wait for a decision—even if your original stay expires in the meantime.
This waiting period is sometimes called a “period of authorized stay.” It means that immigration officials won’t count you as being unlawfully present as long as your application is still pending.
That said, waiting doesn’t mean you’re free to do anything you want:
- You may not be allowed to work unless your application type allows for it and your authorization has been approved.
- Travel outside the U.S. during this time could cancel your application unless you’ve received specific permission, like advance parole.
- Keep your receipt notice from USCIS—it shows that your application was properly filed.
Processing times can stretch for months, and it’s easy to make small mistakes that cause delays. We’ll help you stay on track and avoid issues that could harm your case.
Can You Work, Travel, or Study While You Wait?
This depends entirely on the type of visa you’re applying for and your current immigration status. It’s not a one-size-fits-all answer.
Some general guidelines:
- Work: You usually need approval before starting any kind of job, even if it’s unpaid. Filing for a work visa does not automatically give you permission to begin working.
- Travel: Leaving the U.S. while your application is pending can cancel your request unless you have been granted advance parole or have another valid visa to reenter.
- Study: If you’re switching schools or visa categories, your SEVIS record (for students) must be kept current to avoid issues.
It’s always safer to check with an immigration attorney before taking any major steps. We’ll help you understand the risks and make informed decisions.
When to Contact an Immigration Attorney
If you’re confused about your current status or unsure what to do while waiting for your visa, it’s time to reach out. Immigration laws are complex, and it’s easy to overlook something that could cause problems later.
We can help you:
- Review your current visa or entry documents
- Understand whether you can legally stay in Texas while your application is pending
- Prepare supporting documents and monitor your case
- Make sure you’re not unknowingly violating immigration rules
At Zepeda Law Firm, we’re committed to helping individuals and families stay safe, informed, and protected during the visa process.
Talk to a Texas Immigration Attorney Today
If you’re waiting for a visa decision and unsure about your options, we can help. Contact Zepeda Law Firm today to schedule a consultation. We’ll help you understand your rights and take the next steps with confidence.